MAMATADEVI Vs. P MOHAMMAD SALEEM

JUDGEMENT

(1.) The claimants, who are the wife, mother, father, brother and sister of the deceased Bigankumar @ Pawankumar Manjhi, have filed the appeal for enhancement of compensation against the judgment and award dated 29th January 2018 made in MVC No.2567 of 2016 on the file of the VIII Additional District and Sessions Judge, Belagavi, awarding compensation of Rs. 9,84,000/- with interest at the rate of 9% per annum from the date of petition till realization.

(2.) It is the case of the claimants that on 23.08.2016 at about 9.30 pm, Shri Bigankumar @ Pawankumar was proceeding on his motorcycle bike bearing registration No.MH- 09/BK-6365 on left side of the road and when he came on Sangal i-Kolhapur road, infront of Hotel Pancharatna, within the village limits of Chipari, at that time a truck bearing registration No.AP- 09/X-2973 came in a high speed in a rash and negligent manner without following the rules and regulation, dashed against the motorcycle of Bigankumar. Due to the said impact, the deceased sustained fatal injuries on vital parts of the body and died on the way to hospital. The accident occurred on account of rash and negl igent driving by the driver of the truck.

(3.) The claimants further contended that the deceased was aged about 21 years working as a labour in Alumina Minerals, Birdevawadi, taluk Hatkanagale taluk, Sangali district and was earning Rs. 12,000/- per month and they have spent Rs. 80,000/- towards ambulance charges, transportation of dead body etc. and also spent Rs. 50,000/- towards funeral expenses and other incidental expenses. They further contended that the first respondent being the owner and the second respondent being the insurer are liable to pay the compensation. Hence, they filed a claim petition seeking compensation.