YASHODAMMA & ANR. Vs. THE MANAGER KSRTC, MANGALORE DIVISION MANGALORE REPRESENTED BY THE MANAGER, KSRTC HASSAN DIVISION, HASSAN & ORS.

JUDGEMENT

(1.) Being aggrieved by the judgment and award, dated 13.01.2011, passed by the Fast Track Court, Channarayapatna, awarding a compensation of Rs. 9,13,444/- with interest at 6% p.a. from the date of the petition till the date of deposit, appellant No.1 Yashodamma, wife of deceased, appellant Nos. 2 and 3 H.N.Lakshmi and H.N.Mahesha, children of the deceased Nanjegowda have filed this appeal, seeking enhancement of compensation.

(2.) The brief facts of the case is that on 06.10.2008, the deceased H.M.Nanjegowda was crossing the road in front of Hirisave Bus stand. At that time, he met with an accident due to the actionable negligence on the part of the driver of the KSRTC bus bearing registration No.KA-01/F-8443. Subsequently, he succumbed to the injuries sustained in the accident. Thereafter, wife and children of the deceased Nanjegowda have filed the claim petition, seeking a compensation of Rs. 30,000,00/-. To establish their case, they have examined one Yashodamma, who is the wife of the deceased as PW1 and one Chandrashekhar as PW2 and got marked 8 documents as Exs. P1 to P8. On the other hand, the Corporation has examined one witness, i.e., the driver of the vehicle and they have not produced any documents.

(3.) Sri R.G.Halesha, learned counsel appearing for the claimant/appellant firstly contended that as per the judgment of the Hon'ble Supreme Court in National Insurance Company Limtied v. Pranay Sethi And Others reported in (2017) 16 SCC 680 , the Tribunal has not considered the loss of future prospects. At the time of the accident, the claimant was aged about 44 years. Since he was working as a police in KSRP, he was earning a monthly salary and hence 30% has to be added towards loss of future prospects.