RATHNAMMA AND OTHERS Vs. R DINESHAND OTHERS

JUDGEMENT

(1.) The appellant No.1, having lost her husband, Mr. Muniyappa @ Munaiah, and appellant Nos.2 and 3 having lost their father, and having been awarded a compensation of Rs. 6,89,000/- along with interest @ 6% per annum from the date of filing of the petition, till the date of realization, have challenged the legality of the award dated 26.05.2015, passed by the Principal Senior Civil Judge and MACT, Kolar.

(2.) Briefly the facts of the case are that on 14.01.2014, Muniyappa @ Munaiah along with one Jayappa were proceeding on their moped for visiting Vittappanahalli and surrounding villages. About 3.15 p.m., when they reached near Thambihalli via Huthur-Shapur road, they had parked their moped on the Kolar - Mulabagal at N.H.4, at the extreme left side of the road. At that time, a Maruti Omni car, bearing Reg. No.KA-53-A-6661, being driven in a rash and negligent manner, came from the direction of Kolar, and dashed against the moped. Consequently, Muniyappa @ Munaiah sustained grievous injuries. He died on the spot. Jayappa also sustained injuries, but he survived. Since the appellants lost the sole bread-earner of their family, they filed a claim petition, along with Jayappa who filed a separate claim petition for the injuries suffered by him in the said accident. By a common award, dated 26.05.2015, the learned Tribunal granted the compensation to the appellants, as aforementioned. Hence, this appeal for enhancement.

(3.) Mr. H. Pavana Chandra Shetty, the learned counsel for the appellants, has raised the following contentions:-