LAWS(KAR)-2019-1-483

KHAJABEE AND ORS. Vs. SACHIN AND ORS.

Decided On January 03, 2019
Khajabee And Ors. Appellant
V/S
Sachin And Ors. Respondents

JUDGEMENT

(1.) The appellants/claimants are before this Court seeking enhancement of compensation awarded under judgment and award dated 20.07.2016 in MVC No.539/2013 on the file of the Principal Senior Civil Judge and MACT, Kalaburagi. Claimant No.1 is the wife of deceased Mohd. Nabi, claimant Nos.2 and 3 are the sons and claimant No.4 is the father of deceased Mohd. Nabi.

(2.) The appellants/claimants filed claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.25,00,000/- for the death of Mohd. Nabi @ Abdul Nabi in an accident occurred on 21.03.2013. It is stated that deceased Mohd. Nabi was walking on the left side of the road and motorcycle bearing Reg. No.KA.32/R-9686 came in a high speed and dashed to the deceased. The deceased sustained grievous injuries and due to grievous injuries he succumbed to the injuries. In the claim petition, it is stated that the deceased was earning Rs.20,000/- per month through his business of purchase and sale of old goods.

(3.) The Tribunal after assessing the material on record both oral and documentary, awarded a sum of Rs.8,96,000/- with interest at 6% p.a. to claimant Nos.1 to 4.