MR. NARASIMHA Vs. SMT. MUNIYAMMA AND OTHERS

JUDGEMENT

(1.) The appellant, owner of the vehicle is before this Court assailing the judgment and award dated 11.06.2014 in MVC No.16/2011, whereby the appellant is directed to pay compensation of Rs. 5,55,000/- along with accrued interest to the respondents herein.

(2.) On 11.09.2001 at about 5.45 p.m., Krishnappa and his wife (petitioner No.1) were walking by the side of the road, while a Tractor and Trailor bearing Nos.KA-05/3906 and KA- 05/3907 ran over the said Krishnappa. Krishnappa succumbed to the injuries which were sustained on account of the accident. The wife and children of Krishnappa filed a claim petition before the III Addl. District and Sessions Judge, Court And M.A.C.T. ('Tribunal' for short) Bangalore Rural District, at Anekal in MVC No.16/2011.

(3.) After considering the evidence on record, both oral and documentary, the Tribunal concluded that the accident was caused due to rash and negligent driving of the Tractor and Trailor. Though it was claimed by the claimants that the deceased was working as a mason and earning Rs. 9,000/- per month, since the claimants were not able to substantiate the same by placing cogent evidence on record, the Tribunal considered the notional income of the deceased at Rs. 4,000/- per month. The Tribunal awarded Rs. 5,55,000/- as compensation under the following heads: <FRM>JUDGEMENT_209_LAWS(KAR)9_2018_1.html</FRM>