BASAVANTRAYA Vs. RACHAWWA

JUDGEMENT

(1.) The claimants who are the unfortunate parents of the deceased filed the present appeal for enhancement against the judgment and award dated 06.06.2012 made in MVC No.92/2010 on the file of the Senior Civil Judge and Member, MACT No.IX, Basavana Bagewadi awarding compensation of Rs.3,80,000/- with interest @ 6% p.a. from the date of petition till realization.

(2.) The claimants have filed claim petition under Section 166 of M.V. Act claiming compensation of Rs.10,89,000/- on account of death of their son Mallanagouda in the road accident occurred.

(3.) It is the case of the claimants that on 6.3.2010 at about 10.30 a.m. when the deceased Mallanagouda was proceeding on Dhavalagi to Bijapur road near KEB at Dhavalagi of Muddebihal taluka, at that time one tractor and trailer bearing No.KA-28/T-9056 and KA- 28/TA-4304 being driven by its driver in a rash and negligent manner in high speed dashed against the deceased and caused accident. Due to the said impact the deceased Mallanagouda sustained grievous injuries and died on the spot. The post-mortem was conducted in Government Hospital, Muddebihal. It was further contended that at the time of accident, deceased was aged about 22 years, doing agriculture and coolie work and earning more than Rs.6,000/- per month. The petitioners being the parents are unable to maintain themselves and they are completely depending upon the earnings of the deceased. Due to untimely death of their son, claimants deprived of love and affection, expected future support and income of the deceased which he was rendering during his life time. The accident occurred due to rash and negligent driving of the driver of the tractor and trailer. The respondent No.1 is the owner and respondent No.2 is the insurer of the offending vehicle are jointly and severally liable to pay compensation.