JAYALAXMAMMA Vs. M SURESH

JUDGEMENT

(1.) Having lost the sole bread-earner of the family, Mr. Puttegowda, having been awarded a compensation of Rs.6,59,948/-, along with 8% interest per annum, from the date of filing of the petition, till the date of realization, by award, dated 25.07.2013, passed by the Senior Civil Judge & JMFC, K. R. Pet, the appellants have approached this Court for enhancement of the said compensation amount.

(2.) In a short compass, the facts of the case are that on 09.09.2010, about 4.45 a.m., Mr. Puttegowda and his son, Raghu, were returning on their Hero Honda from Uygonahalli Village. Both of them had parked the Hero Honda. While Puttegowda was sitting on the parked vehicle, his son Raghu was talking to one Yogesha. Suddenly, a lorry, bearing Reg. No.KA-41- 8058, loaded with sand, being driven in a rash and negligent manner, came and dashed against Puttegowda. He died on the spot. The Hero Honda was completely crushed.

(3.) Since the appellant lost the sole bread-earner of the family, they filed a claim petition before the learned Tribunal. In order to support their case, the claimants examined two witnesses, and submitted fifteen documents. On the other hand, the Insurance Company neither examined any witness, nor submitted any document. After appreciation of the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.