MARIAMMA Vs. KAMALAKSHI

JUDGEMENT

(1.) Though this appeal is listed for admission with the consent of learned counsel on both sides, the same is taken up for final disposal.

(2.) This appeal is preferred by the appellants/claimants being the wife and son of the deceased-Aboobakkar against the judgment and award dated 06.11.2014 passed by the Additional Senior Civil Judge and Member, M.A.C.T., Puttur in MVC No. 1763/2012 seeking enhancement of compensation, whereby the Tribunal has awarded compensation in a sum of Rs.1,95,000/- with interest at 6% p.a. which found to be inadequacy and also on lower side in support of the income held by the Tribunal so also other head of compensation awarded by the Tribunal.

(3.) The factual matrix of the appeal is as under: It is evident in the claim petition that on 11.10.2012 at about 9.30 a.m. when the deceased- Aboobakkar was proceeding on extreme left side of Yedamangala-Alakkady public road, that too on mud portion of the road and when he reached near place called Karimbila, a rider of Honda Activa bearing Reg.No.KA-19-V-4249 drove the same in a rash and negligent manner with great speed and hit to the deceased, as a result, he fell down and succumbed to the injuries while he was on the way to the hospital.