TIPPANNA AND OTHERS Vs. MOHAMMAD IMRAS AND OTHERS

JUDGEMENT

(1.) The unfortunate parents of the deceased filed the present appeal for enhancement against the Judgment and award dated: 05-09-2009 made in MVC No.1586/2008 on the file of Civil Judge (Sr.Dn.) and Member XII Addl. MACT Shorapur awarding the compensation of Rs. 2,49,951/- with 6% interest per annum from the date of petition till realization.

(2.) It is the case of the claimants that on the fateful day i.e., 23-07-2008 at about 5.00 a.m., the deceased Devappa was proceeding towards Shahapur by walk with villagers on the left side on mud road, when the deceased was near Vibhutihalli village on Shahapur-Shorapur main road, at that time Tata 909 Goods (lorry) bearing Reg. No.KA-13-A-1830 came from back side in rash and negligent manner and dashed against the minor boy Devappa who fell down on the road, due to which he sustained grievous head injuries and other parts of the body. Immediately he was shifted to Shahapur Government hospital and thereafter shifted to Basaveshwar Teaching and General hospital Gulbarga. He was in-patient from 23-07-2008 to 01-08-2008 and incurred medical expenses more than Rs. 30,000/- and then he admitted in Government General hospital, Gulbarga, during the course of treatment said Devappa died on 13-08-2008 in the hospital due to the injuries sustained in the accident. The claimants have incurred medical expenses of Rs. 50,000/-. It was further contended that, claimants being the father and mother of the deceased, prior to the accident he was hale and healthy, was aged 12 years at the time of accident. Untimely death of their son, claimants have lost their love and affection, suffering from mental shock, pain, etc. Therefore the claimants have claim petition claiming compensation of Rs. 5,76,000/-.

(3.) The respondent No.1 remained absent and placed ex-parte. The respondent No.2/Insurance Company appeared through its counsel and filed objection to the claim petition denying the accident and age of the deceased. It was further contended that, the driver of the said vehicle was not having valid and effective driving license as on the date of the accident. It was denied that the accident took place due to rash and negligent driving by the driver of the above vehicle and the deceased Devappa sustained injuries and the amount spent for medical expenses are denied. Therefore sought for dismissal of the claim petition.