LALITHA Vs. DASHANBHAT HARIBANSH BHAT

JUDGEMENT

(1.) BEING aggrieved by the judgment and award dated 13th June 1989 passed in M. V. C. No. 882/87 by the Motor Accident Claims Tribunal Nos. III and II Additional District Judge, Belgaum, this appeal has been filed claiming enhanced compensation for the death of Bahubali Tavanappa Gouranna, in an accident that occurred on 21st October 1987.

(2.) THE brief facts are:deceased was waiting for conveyance to come to Belgaum on the extreme eastern side of the Poona-Bangalore road near Hebbal cross on 21st October 1987. A tanker bearing No. MWU 3685 driven by respondent No. 1 in a rash and negligent manner came from opposite side and dashed against the deceased with great speed. Deceased died on the spot due to the said impact. F. I. R. No. 156/87 was registered. Post mortem was got done by Sankeshwar Police in the course of their investigation. The dead body was handed over to the wife and the mother of the deceased, appellants 1 and 2 respectively. It is averred in the claim application that the deceased was 23 years of age at the time of his death. He was hale, hearty and well built. He was the only male member of the family. He was earning Rs. 1,200/- per month by doing attendant's work in the State Bank of Mysore, Vadagaon, Branch. The wife, appellant No. 1, was 19 years of age at the time of the death of the deceased. Total compensation claimed was Rs. 5,00,000/- with interest at the rate of 18% per annum from the date of filing of the application for compensation till its realisation.

(3.) THE driver, owner and the insurer of the tanker were arrayed as respondents 1 to 3 respectively. Driver and the owner of the vehicle remained absent in spite of service and were proceeded ex parte before the Tribunal.