ROOPA L V Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The appellant No.1, a young widowed woman, the appellant No.2, a completely handicapped daughter, appellant No.3, a young son, and appellant No.4, an aged mother, have approached this Court for enhancement of the compensation by challenging the award dated 20.06.2015, passed by the Senior Civil Judge & MACT, Tarikere, whereby the learned Tribunal has granted a compensation of Rs.6,79,000/- along with an interest @ 6% per annum from the date of petition till the date of realization for the death of Mr. Dakshinamurthy.

(2.) Shortly put, the facts of the case are that on 29.05.2013, at about 3.20 p.m., Mr. Dakshinamurthy, aged about 48 years, was going on a motorcycle from Tarikere to Bhadravathi, along with Mr. Jayanna, the pillion rider. When they reached near M. C. Halli, on the N.H.206, a lorry, bearing Reg. No.KA-41-1824, being driven in a rash and negligent manner, came from the opposite direction. The lorry crossed over to the extreme left side of the road, and dashed against the motorcycle. Both the riders of the motorcycle fell down, and sustained grievous injuries. While Mr. Dakshinamurthy was being rushed to the Mc.Gann Hospital, at Shivamogga, he succumbed to his injuries; he was declared dead, when brought to the hospital. Since the appellants lost the bread-earner of the family, they filed the claim petition before the learned Tribunal. In order to substantiate their case, the appellant No.1 was examined as the sole witness; they submitted thirty-five documents. On the other hand, 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. H. K. Basavaraju, the learned counsel for the appellants, has raised the following contentions before this Court:-