RADHA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Aggrieved by the award dated 22.08.2014, passed by the MACT & I Addl. Senior Civil Judge, Mangalore (henceforth to be referred as "the learned Tribunal"), the widowed mother, and the spinster sister have challenged the compensation of Rs.3,89,000/-, and the grant of interest @ 6% per annum by filing the present appeal.

(2.) Briefly the facts of the case are that on 18.11.2012, Sunil Kumar was traveling from Kavoor to Suterpete in an auto-rickshaw. When he reached near Kottara Chowki, a car, bearing Reg. No.KA-02-P-2099, driven in a rash and negligent manner, dashed against the auto-rickshaw. Consequently, Sunil Kumar sustained grievous injuries. Immediately he was rushed to the A. J. Hospital, Mangalore, where the doctors declared him as dead. Since his family members, including the appellants, lost the bread-earner of the family, they filed a claim petition before the learned Tribunal. In order to substantiate their case, they examined a single witness, and produced twelve documents. Although the Insurance Company did not examine any witness, it did submit a single document. After appreciation of the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.

(3.) Mr. Guruprasad B. R., the learned counsel for the appellants, has raised the following contentions before this Court:-