G S JYOTI Vs. B V SRINIVAS

JUDGEMENT

(1.) The claimants have challenged the award, dated 18.11.2014, passed by the Court of Principal Senior Civil Judge and Member, MACT-IV, Davanagere, whereby, the Tribunal has granted a compensation of Rs.5,55,000/- along with interest @ 6% p.a., from the date of petition till realization.

(2.) Brief facts of the case are that H. J. Basavaraju, husband of the petitioner No.1, father of petitioner Nos.2 and 3, and son of petitioner Nos.4 and 5, was an agriculturist and doing milk vending business. On 16.09.2012, while he was returning to Davangere, in Maruti Alto Car, along with his other relatives, namely Darmaraju, Nagaraju, Maheswarappa and Leelavati, at about 12:05 p.m., near Nandihalli, Bangalore-Tumkur NH-4, a Scorpio vehicle, bearing Registration No.KA-02-4662, being driven in a rash and negligent manner, dashed against the divider. It also dashed against the Maruti Alto Car. Four persons, including H. J. Basavaraju, died on spot. Subsequently, Leelavati also died in Tumkur District Hospital. Hence, the claimants filed the claim petitions before the learned Tribunal. To establish their case, they examined one witness, namely Smt. Jyothi, and produced twenty-six documents. On the other hand, the Insurance Company did not examine any witnesses, but did produce one document i.e., Insurance Policy. After appreciating the evidence, the Tribunal granted a compensation of Rs.5,55,000/- with interest @ 6% p.a. Being aggrieved by the same, this appeal is filed for enhancement.

(3.) The learned counsel for the appellants has raised the following contentions:-