MANJUSRI Vs. D VENKATARAMAN

JUDGEMENT

(1.) The appellants have challenged the legality of the award, dated 24.03.2015, passed by the Additional District & Sessions Judge and Additional MACT, Udupi, whereby for the death of father of appellants, the appellants have been granted a compensation of Rs. 8,17,200/- along with interest @ 6% per annum from the date of filing petition till the date of realization.

(2.) Briefly stated the facts of the case are that on 31.08.2010, H. Parameshwara Acharya was proceeding as a pillion rider in a motor cycle bearing registration No.KA20-S-4997 from Basrur to Kundapura. When they reached near Koni Government School, a lorry bearing registration No.MEG-8367 came from Kundapura side towards Basrur driven in a rash and negligent manner and dashed against the motor cycle on which H. Parameshwara Acharya was traveling. As a result of the said accident, H. Parameshwara Acharya sustained grievous injuries and died on the spot. Therefore, the daughters of the deceased filed a claim petition before the learned Tribunal seeking compensation. In order to substantiate their case, the claimants examined 3 witnesses, and submitted 14 documents. On the other hand, the respondents examined a single witness, and submitted 4 documents. After appreciation of the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.

(3.) Sri H. Pavana Chandra Shetty, the learned counsel for the appellants, has contended that though the deceased was earning Rs.12,000/- per month at the time of accident and although the appellants submitted salary certificate at Ex.P.9 and examined the employer of the deceased (P.W.2), the learned Tribunal has taken the income of the deceased as merely Rs.6,000/- per month.