BASAMMA Vs. ABDUL

JUDGEMENT

(1.) The wife and sons of the deceased filed the present appeal for enhancement against the judgment and award dated 20.10.2014 made in MVC No.10/2014 on the file of Motor Accident Claims Tribunal, Lingasugur awarding compensation of Rs.5,08,000/- with interest @ 6% p.a. from the date of petition till the date of realization.

(2.) It is the case of the claimants that on 17.12.2012 the deceased Salabayya for his personal work proceeding on his motorcycle bearing No.KA3 36/Q-4271 and he was riding the motorcycle in slow and cautious manner on the left side of the road. At about 7.25 p.m. on Lingasugur-Gulbarga road within the limits of Gurgunta, Donneradoddi, the first respondent, driver of the bus bearing No.KA-36-F-948 in rash and negligent manner and dashed against the motorcycle, as a result of it Salabayya fell down and died on the spot. It is further case of the claimants that, Salabayya was hale and healthy and doing agriculture work and earning more than Rs.15,000/- per month and maintaining his family. He was sole earning member of the family. Due to sudden death of the deceased, the claimants have put to mental shock and agony and lost their income/bread winner. Therefore, they have filed claim for compensation claiming compensation of Rs.32,00,000/-.

(3.) The respondent No.1 has not appeared and placed ex-parte. The respondent No.2 appeared through its counsel and filed written statement denying the allegations made in the claim petition. It was further denied the age, income and occupation of the deceased. It was further contended that accident has not occurred due to rash and negligent driving of driver of bus. The deceased was driven the motorcycle without having driving license and he was failed to control over the same and met with accident. The said accident occurred due to pure negligence of the deceased. Therefore, claimants are not entitled for compensation. Accordingly, sought for dismissal of the claim petition.