V. GIRIJAMMA Vs. T.K. HARISH

JUDGEMENT

(1.) Though this matter is listed for admission, with consent, it is taken up for final disposal.

(2.) This appeal is by the claimants assailing the correctness and legality of the judgment and award dated 19.6.2013 passed in MVC.3886/2011 by the XVIII Additional Judge, Court of Small Causes and Member, MACT-4, Bengaluru.

(3.) The claim petition was filed by the dependants of deceased M.R.Srinath contending that on 16.3.2011 at about 7.15 p.m. when the deceased was proceeding in the autorickshaw bearing Regn.No.KA-53- 8450 owned by the first respondent, the driver of the said autorickshaw drove the same in a rash and negligent manner as a result of which the autorickshaw toppled towards right side of the road and dashed against the motor cycle bearing No.KA-53-H-1467 as a result of which, the deceased sustained multiple injuries and succumbed to the injuries on the spot. Hence, claim petition was filed contending that the deceased was working as a Supervisor in WFD India Private Limited and was drawing a salary of Rs.9,500/- per month and was also earning Rs.2,00,000/- per annum from cultivation. The appellants in support of their contention led in oral evidence and produced documents to corroborate the same as Exs.P1 to P11. The Insurance company in support of its contention produced copy of the policy and did not adduce any oral evidence.