SHRIDEVI Vs. RAMANNA S/O HANAMAPPA MADAR

JUDGEMENT

(1.) A young widow, aged 24 years, and parents, who have suddenly lost Lohit in a vehicular accident have approached this Court, for challenging the legality of the award dated 16.12.2015, passed by the IV Additional District and Sessions Judge, Vijayapura, whereby the learned Tribunal has granted a compensation of Rs.12,63,000/- along with an interest @ 6% from the date of filing of the petition till the date of realization to them.

(2.) In short, the facts of the case are that on 31.05.2014, around 10.30 p.m., Lohit was riding on his motorcycle on the Talikoti-Devar Hipparagi Road near Adity Colony, situated in Talikoti village. Suddenly, a Bolero Goods vehicle, bearing registration No.KA-28/B- 9543, being driven in a rash and negligent manner, dashed against the motorcycle. Consequently, Lohit suffered fatal injuries. He died on the spot. Since the young widow and the parents suddenly lost the bread earner of the family, since they faced critical financial crisis, they filed a claim petition before the learned Tribunal. Before the learned Tribunal, they claimed that Lohit was working as a driver in the D.Y.Uppar Company Limited, and was earning paid Rs.18,000/- per month.

(3.) In order to buttress their pleas, they examined three witnesses, including Mr. Malakanna Ningappa Masarkall as P.W.3, an employee of the Company. They also submitted nine documents. On the other hand, the Insurance Company examined a single witness, and submitted a single document. After going through the evidence produced by both the parties, the learned Tribunal granted the compensation to the appellants as aforementioned. However, dissatisfied, as they are with the impugned award, they have filed the present appeal for enhancement of the compensation amount.