M RATHNAMMA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) The appellants have challenged the legality of the award, dated 06.01.2014, passed by the Senior Civil Judge & MACT, Harihar, whereby for the death of Mr. N. G. Gurushanthappa, the appellants have been granted a compensation of Rs.19,42,858/- along with interest @ 6% per annum from the date of filing the petition till the date of realization.

(2.) Shortly put, the facts of the case are that on 09.02.2010, Mr. N. G. Gurushanthappa was riding a motorcycle, as a pillion rider, from Anjanapura to Shikaripura. One Mr. Mallikarjunachari, the respondent No.2, was riding the motorcycle. When the motorcycle was passing near Saleshwara Rice Mill at Shikaripura, at about 6 p.m., the respondent No.2 drove the motorcycle in a rash and negligent manner. Consequently, the motorcycle skipped. Resultantly, Mr. Gurushanthappa suffered grievous injuries. Although he lived for one month, eventually, on 06.03.2010, he succumbed to his injuries. Prior to his death, he was working as an Assistant Teacher in Dr. Rajkumar Residential High School at Anjanapura in Shikaripura Taluk. Since the appellants lost the sole bread-earner of the family, they filed a claim petition before the learned Tribunal. In order to substantiate their case, the appellant No.1 was examined as the sole witness, and they submitted fourteen documents. On the other hand, the Insurance Company examined two witnesses, and submitted three documents. After appreciation of the evidence, the learned Tribunal granted the compensation, as aforementioned. Hence, this appeal for enhancement.

(3.) Mr. V. B. Siddaramaiah, the learned counsel for the appellants, has raised the following contentions before this Court:-