SHABANA AND ORS. Vs. ZABIULLA KHAN AND ORS.

JUDGEMENT

(1.) The wife and children of the deceased Sabeer Ahamed who succumbed to the injuries sustained in the road traffic accident occurred on 20.03.2014 made a claim petition before the VI Addl. District Judge & AMACT, Tumkur in MVC No.1237/2014. The Tribunal by its award dated 09.10.2015, granted compensation of Rs.9,37,500/- with interest at 6% per annum, against which the appellants have preferred this appeal.

(2.) The facts of the case are that on 20.03.2014, at about 10.30 a.m., when the deceased Sabeer Ahamed was riding his motor bike bearing registration No.KA-03/EY-8163 from SBM Bank, Vinayakanagar Branch, Tumkur, towards NH-206, a motorcycle bearing registration No.KA-06/X-8962 came in a high speed, in a rash and negligent manner and dashed against the motor bike of the deceased. Due to the impact, he sustained grievous injuries. Immediately he was shifted to the Government Hospital at Tumkur, wherein he was declared to be dead. The deceased was aged about 40 years at the time of accident and he was doing scrap business and earning a sum of Rs.25,000/- per month.

(3.) Since the appellants lost the sole bread-earner of the family, they filed a claim petition before the learned Tribunal. In order to substantiate their case, the appellants examined three witnesses, and submitted fifteen documents. On the other hand, the insurance company also examined a single witness and submitted two documents. After going through oral and documentary evidence, the learned Tribunal granted a compensation of Rs.9,37,500/- to the appellants along with interest at the rate of 6% per annum from the date of filing of the petition till the date of realisation. Hence, this appeal before this court for enhancement.