UMA Vs. RELIANCE GEN INS CO LTD

JUDGEMENT

(1.) The appellant No.1, having lost her husband at the young age of 32 years, and appellant Nos.2 and 3, having lost their father at the age of 15 and 13, and appellant Nos.4 and 5, the elderly parents, having suddenly lost their son are aggrieved by the award dated 21.08.2014, passed by the Court of Small Causes and MACT (SCCH-09), Bangalore, whereby for the death of Shivaraju, the learned Tribunal has granted merely Rs.8,60,000/-, along with interest @ 6% per annum from the date of filing of the petition, till the date of realisation.

(2.) According to the appellants, on 20.12.2012, at about 7.30 p.m., when Shivaraju was walking on the footpath on Hesaraghatta Main Road, in front of AGS Hollow Block factory, a lorry, bearing registration No.KA-43/165, being driven in a rash and negligent manner, came and dashed against him. Due to the impact, Shivaraju expired on the spot. The appellants further claim that Shivaraju was working as a Machine Operator, and was earning Rs.10,500/- per month. He was the sole bread earner of the family. After his death, the family has been reduced to an hand to mouth existence. Therefore, the appellants filed a claim petition before the learned Tribunal. In order to establish their case, the claimants examined the appellant No.1 as PW.1, and submitted nine documents. In turn, the Insurance Company neither examined any witness, nor submitted any document. After appreciating the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.

(3.) Mr. K. Shantharaj, the learned counsel for the appellants, has raised the following contentions before this Court:-