ARUNA Vs. DIVISIONAL MANAGER/DIVISION CONTROLLER

JUDGEMENT

(1.) The unfortunate wife and children of the deceased filed the present appeal for enhancement of compensation against the judgment and award dated 03.12.2011 made in MVC No.478/2011 on the file of the Fast Track-II and Additional MACT, Bidar, camp at Bhalki awarding compensation of Rs.14,80,000/- with interest at 6% per annum from the date of petition till its realization.

(2.) It is the case of the claimants that on 01.07.2011, the deceased Baswaraj and his nephew Balaji were proceeding from Bhalki to Kardiyal on motorcycle bearing No.KA-39/H-1653. The deceased was riding the motorcycle in normal speed and on proper side of the road. At about 20.45 hours, near Munim colony in front of the Government School at Bhalki-Bidar road, the driver of the APSRTC bus bearing No.AP-28/Z-3102 driven the same in high speed, rash and negligent manner and came from opposite direction and dashed the deceased motorcycle.

(3.) It was further contended that the Bhalki police have registered a case against the driver of the APSRTC bus in Crime No.139/2011 for the offences punishable under Sections 279, 338, 304(A) of IPC. It was also contended that prior to the accident, the deceased was hale and healthy, aged about 40 years, working as Assistant Teacher in Government Aided School and drawing monthly salary of Rs.22,000/- per month. Due to his sudden death, the claimants have lost their loving and earning member of the family and facing starvation and financial problems. Therefore, they filed claim petition claiming compensation of Rs.59,62,000/- from the respondents.