JAYALAKSHMI Vs. N NAGARAJU

JUDGEMENT

(1.) The present appeal has been preferred by the appellants/claimants being aggrieved by the judgment and award passed by the Additional Senior Civil Judge and Addl. MACT., Hassan in MVC No.538/2013 dated 15.06.2015.

(2.) Heard the learned counsel appearing for the parties. The appeal is admitted and with the consent of the learned counsel appearing for the parties, it is taken up for final disposal.

(3.) Brief facts of the case are that on 30.11.2012, at about 10.30 p.m. while deceased was proceeding in a motor cycle bearing registration No.KA-13-S-9026 near Addihally gate, Malali Cross on B.M. Road, Hassan Taluk, a lorry bearing registration No.KA-13-A-6105 came in a rash and negligent manner from the opposite direction and dashed against the motorcycle on which the Giddegowda was proceeding. As a result of the same, he fell down and sustained grievous injuries and on the way to the hospital, he succumbed to the injuries. It is the contention of the claimants that the deceased was earning Rs. 20,000/- per month by working as a cook in the hotel and by doing business and also getting Rs. 1,00,000/- per annum from agriculture. For having lost the bread earner, the wife, mother and son filed the claim petition for claiming compensation under Section 166 of the M.V. Act.