BASAPPA Vs. SHREEKANT

JUDGEMENT

(1.) The present appeal has been preferred by the claimants assailing the judgment and award dated 9th June 2009 passed by the Civil Judge(Senior Division) and Additional Motor Accident Claims Tribunal, Ramdurg, in MVC No.1502 of 2007.

(2.) Heard. Though the appeal is listed for orders, with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal.

(3.) Brief facts of the case are that on 002.2007 at about 5.15 pm, Gopal Desai husband of petitioner No.3 and son of petitioner Nos.1 and 2 was proceeding on a motor cycle bearing registration No.KA-24/H-9263 as a pillion rider. At that time, a passenger tempo bearing registration No.KA-23/5449 driven by its driver came rashly and negligently and dashed to the motor cycle of Gopal. As a result of the same, he fell down and sustained injuries. Immediately, he was shifted to Government Hospital, Ramdurg and thereafter he was shifted to Sushruta Multy Speciality Hospital, Hubli, wherein he succumbed to the injuries on 05.02.2007. It is further contended that Gopaldeceased was working as a Supervisor under a private contractor and was earning Rs.4,500/- per month and he was also getting Rs.1,00,000/- from agricultural income. For having lost the bread earner, wife and parents of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking grant of compensation.