N THIPPESWAMY Vs. T N PARTHASARATHI

JUDGEMENT

(1.) The appellant Nos. 1 and 2, having lost their son at the young age of 27, and the appellant Nos. 3 and 4, having lost their brother, have challenged the legality of the award, dated 03.08.2015, passed by the III Additional District Judge and IV MACT, Tumkur, whereby the learned Tribunal has granted a compensation of Rs.8,60,000/- along with interest @ 6% per annum, from the date of petition till the date of realization.

(2.) Briefly stated, the facts of the case are that on 26.12.2012, at about 2.00 PM, Mallikarjunaiah. S, (the deceased), was going on a motorcycle, as a pillion rider, along with one, Shivakumar, in order to reach Madhugiri. They were traveling on the Pavagada-Tumkur Road. When they reached near Kittur Rani Channama School, a lorry, bearing registration No.CNX-6121, being driven rashly and negligently, came and dashed against the motorcycle. While the rider of the motor cycle fell on the left side, Mallikarjunaiah. S, fell on the right side. Unfortunately, the front wheel of the lorry ran over his head. He died on the spot.

(3.) Having lost the sole bread earner of the family, the appellants, filed the claim petition before the learned Tribunal. In order to support their case, they examined two witnesses, and submitted fifteen documents. On the other hand, the Insurance Company neither examined any witness, nor submitted any document. After appreciating the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.