VIJAYA FERNANDEZ Vs. VIDYA

JUDGEMENT

(1.) The judgment debtor filed the present writ petition against the order dated 10.10.2017 made in Ex. Case 129/2016 on the file of the IV Addl. District Judge and Addl. MACT at Mangaluru issuing attachment of movables.

(2.) It is an unfortunate case where the husband of the first respondent-(Shridhara Acharya) died in a road accident on 17.05.2013. Thereafter the legal representatives of the deceased i.e. the wife, son, father and mother of the deceased filed M.V.C. 728/2013 before the IV Addl. District Judge, Member MACT, Mangalore claiming compensation of Rs.15.00 lakhs along with interest at 9% p.a. contending that on 17.05.2013 at about 7:48 a.m. when the deceased, riding the motorcycle bearing Reg. No.KA-21-J-9210, was proceeding from his house towards Uppinangady, on the left side of the tar road very slowly and carefully by observing rules and regulations of traffic, at that time, the driver of the bus bearing Reg. No.KA-21, P-3777, driven in a high speed in a rash and negligent manner, came in an extreme wrong side and dashed to the motorcycle. Due to the said impact, the deceased fell on the road and sustained grievous injuries on his head, right forearm and other parts of the body and died on the spot.

(3.) It is further contented that the deceased was aged about 33 years and working as carpenter under one Sathish Acharya @ Vasudeva Acharya at Kemmara and was earning Rs.15,000/- per month. The entire family members were depending on the deceased and the future prospect of the deceased as well as family members were destroyed due to sudden death of deceased and therefore, sought for compensation. The present petitioner, who was the respondent before the MACT, filed objections. Based on the pleadings, the MACT framed three issues and held that the claimants, before the MACT, proved that on 17.05.2013 at about 7:45 a.m., in view of the rash and negligent driving by the driver of the bus KA-21-P-3777, accident took place resulted in the death of deceased and the petitioners are entitled for compensation. Accordingly, the Tribunal by the judgment and award dated 17.06.2016 allowed the petition in part and held that the claimants/present respondents are entitled for compensation of Rs.11,50,000/- from the present petitioner along with interest at the rate of 6% p.a. from the date of petition till its realization and directed the respondent/present petitioner to deposit compensation amount along with interest within two months from the date of the order.