LAWS(KAR)-2018-8-258

GANGA SHIRAGUPPI Vs. KUMARSWAMY

Decided On August 31, 2018
Ganga Shiraguppi Appellant
V/S
Kumarswamy Respondents

JUDGEMENT

(1.) The appellant No.1, having lost her husband, the appellant Nos.2 and 3, having lost their father in a vehicular accident, have challenged the legality of the award dated 26.3.2015, passed by the MACT, Court of Small Causes, Bangalore (SCCH-4), whereby for the death of Mr. Rajashekhar Shiraguppi, the learned Tribunal has granted a compensation of Rs.34,99,060/-, along with interest at the rate of 6% p.a. from the date of petition, till the date of deposit.

(2.) Succinctly stated, the facts of the case are that on 15.3.2013, at about 9:15 p.m., Mr. Rajashekhar A. Shiraguppi, was traveling in a Maruthi Estilo Car, on the NH-4. When he reached near Haraganahalli Sulekere Halla, Harihara Taulk, Davanagere, suddenly a Mahendra Bolero, bearing Registration No.KA-27-M- 2578, being driven rashly and negligently, collided with the car in which the deceased was traveling. Consequently, Mr. Rajashekhar A. Shiraguppi, suffered grievous injuries; immediately, he was shifted to the hospital. In the hospital, he succumbed to injuries after eight days.

(3.) Since the appellants lost the sole bread earner of the family, they filed a claim petition before the learned Tribunal. In order to buttress their case, the appellants examined one witness, and submitted twenty-three documents. On the other hand, the Insurance Company examined three witnesses, and submitted eight documents. After appreciation of the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.