DEVAWWA Vs. NAGABUSHAN B

JUDGEMENT

(1.) This appeal is filed by the claimants seeking enhancement of compensation by assailing the judgment and award dated 06.03.2018 passed in MVC.No.415/2016 by the Senior Civil Judge & Motor Accident Claims Tribunal, Gangavati (hereinafter referred to as "the Tribunal" for short).

(2.) For the sake of convenience, the parties are referred to, in terms of their status before the Tribunal.

(3.) Briefly stated the facts are that, on 09.08.2016 at about 11.45 a.m., deceased Balappa was travelling on a Bajaj X-CD 125 motorcycle bearing registration No.KA.04/BX- 7950, met with an accident near Guddada camp situated at Gangavati-Koppal road due to rash and negligent driving of driver of a NWKRTC Bus bearing No.KA.25/F.3198 by respondent No.1. In the said accident, Balappa sustained grievous head injuries and succumbed to the same. It is further case of the claimants that, the deceased Balappa was aged about 45 years. He was working as a mason, earning Rs.10,000/- per month. The deceased was contributing his entire earnings for the maintenance of the family. Petitioner No.1 is the wife, petitioner Nos.2 & 3 are the sons and petitioner Nos.4 & 5 are the parents of the deceased Balappa were totally depending upon the income of the deceased. Therefore, petitioners had filed a claim petition claiming compensation on account of death of Balappa from respondent Nos.1 and 2.