SIDDAPPA Vs. DAYANAND MURGIPPA MAHALANK

JUDGEMENT

(1.) In the instant appeal, the appellants have sought for enhancement of compensation awarded by the III-Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal, Belgaum (for short "the MACT"), passed in MVC No.686 of 2013 dated 30.07.2014.

(2.) The claimants are the parents of the deceased Kumar Sanjeev @ Sanju Siddappa Turamari, who is aged about 10 years at the time of accident, which occurred on 12.01.2013. When he was proceeding by walk on NH.4 Road, near Kurbar Tegga, Bailhongal Taluk, a car bearing registration No.MH-09/BX-6280, which was moving from Belgaum to Dharwad in a rash and negligent manner and dashed against the deceased Kumar Sanjeev, resulted in his death, who was stated to be studying in fourth standard. His parents filed claim petition before the MACT. The MACT proceeded to pass the judgment and award in favour of the claimants and awarded a sum of Rs.3,24,500/- with interest at 6% p.a. from the date of petition till realization of entire amount. Feeling aggrieved by the judgment and award passed by the MACT and so also meager amount of compensation, the claimants have presented the present appeal.

(3.) Learned counsel for the appellants-claimants contended that the MACT had committed an error in taking the income of the deceased on the lower side and further the claimants are entitled to the compensation under the head loss of consortium, which has not been extended by the MACT. In support of the said contention, the learned counsel for the appellant heavily relied on the decisions in the cases of Kishan Gopal and Anr. Vs. Lala and Ors. reported in 2013 ACJ 2594 and in the case of Magma General Insurance Co. Ltd., vs. Nanu Ram Alias Chuhru Ram and Ors. reported in 2018 ACJ 2782.