CHANDRAKALA Vs. KHALID KHAN

JUDGEMENT

(1.) The appellants-wife, minor child and parents of the deceased are before this Court against the judgment and award dated 12.05.2017 made in MVC No.854/2015 on the file of the Senior Civil Judge & MFACT, Chincholi, awarding total compensation of Rs.9,41,000.00 with interest @ 6% p.a. from the date of petition till its realization.

(2.) It is the case of the claimants that on 04.06.2015 at about 4:00 p.m. the deceased was proceeding in tractor and trolley bearing No.KA-32/XA- 6169 and KA-32/T-5102 when the tractor came near the land of Shivakumar, near Sulepeth, at the time Ashok leyland lorry bearing No.AP-09/X-4235 came in a rash and negligent manner to endanger human life dashed to the trolley, due to the same, tractor moved left side and on account of this, deceased fell down, sustained grievous injuries and succumbed to the injuries while taking treatment in the hospital. The claimants have spent about more than Rs.2.00 lakh for treatment and jurisdictional police registered a case in Crime No.87/2015 against the driver of the lorry.

(3.) The claimants further contended that prior to the accident, the deceased was hale and healthy and he was earning Rs.15,000.00 per month by doing work as driver. The claimants were solely depending upon the income of the deceased. The accident occurred due to rash and negligent driving of driver of the lorry bearing No.AP-09/X-4235. Respondent No.1 was the owner of the lorry. Respondent No.2 is the insurance company of the said vehicle, therefore, the respondents are jointly and severally liable to pay the compensation. Accordingly, they claim Rs.44,45,000.00