VANITH P KULKARNI Vs. KUMARSWAMY

JUDGEMENT

(1.) The appellant No.1, Smt. Vanith P. Kulkarni, having lost her husband, the appellant No.2, Master Samarth P. Kulkarni, having lost his father at young age of three years, in a vehicular accident, have challenged the legality of the award dated 26.3.2015, passed by the MACT, Court of Small Causes, Bangalore (SCCH-4), whereby for the death of Mr. Pradmod P. Kulkarni, the learned Tribunal has granted a compensation of Rs.24,49,940/-, along with interest at the rate of 6% p.a. from the date of petition, till the date of realization.

(2.) Succinctly stated, the facts of the case are that on 15.3.2013, at about 9:15 p.m., Mr. Pramod P. Kulkarni, along with Mallikarjuna Gouda S. Patil @ M. S. Patil, and their family members, were traveling in a Maruthi Estilo Car, on NH-4. When they reached near Haraganahalli Sulekere Halla, Harihara Taulk, Davanagere, suddenly, a Mahendra Bolero, bearing Registration No.KA-27-M-2578, being driven rashly and negligently, collided with the car in which the above mentioned persons were traveling. Consequently, Mr. Pramod P. Kulkarni, suffered grievous injuries. Immediately, he was rushed to the hospital. But, he succumbed to the injuries on the same day.

(3.) Since the appellants lost the sole bread earner of the family, they filed a claim petition before the learned Tribunal. Since the other passengers of the car had also suffered injuries, and since Mr. Mallikarjuna Gouda S. Patil, also expired, his legal heirs had also filed separate claim petitions before the learned Tribunal. In order to buttress their case, the appellants examined seven witnesses, and submitted forty-six documents. On the other hand, the Insurance Company examined three witnesses, and submitted five documents. By a common award dated 26.3.2015, the learned Tribunal granted the compensation and the interest as aforementioned. Hence, this appeal for enhancement.