SUSHEELAMMA Vs. TATA AIG GEN INSURANCE CO LTD

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of the learned counsel for the appellants and the learned counsel for respondent No.1, it is taken up for final disposal.

(2.) This appeal is filed by the appellants, who are the legal heirs of deceased Hanumantharayappa, challenging the judgment and award dated 10.04.2014 rendered by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal') in MVC No.1936/2011, wherein the Tribunal has awarded compensation in a sum of Rs.7,46,000/- with interest at 6% per annum from the date of petition till the date of payment, on the ground that the compensation awarded by the Tribunal is inadequate inasmuch as the Tribunal has taken the income of the deceased in a sum of Rs.4,500/- per month, which is on the lower side and therefore, in this appeal, the judgment and award rendered by the Tribunal is required to be intervened with by appreciating the evidence of PWs.1 to 3 as well as documents as per Exs.P1 to P19 produced by the claimants in order to establish their case for seeking suitable compensation.

(3.) It is evident from the claim petition that claimant Nos.1 to 3 are the wife, son and mother, respectively, of deceased Hanumantharayappa. It is stated that on 03.11.2010, at about 4:45 p.m., Hanumantharayappa was proceeding as a pillion rider along with one Jagadish on the motorcycle bearing registration No.KA-50-E-640 and when the aforesaid motorcycle was parked by the side of the road near RMC yard in Doddaballapura town, at the relevant point of time, a luggage Auto bearing registration No.KA-06-B-903 came from the opposite direction in a very high speed and hit Hanumantharayappa, as a result of which, he fell down and sustained grievous injuries. The injured, Hanumantharayappa, was shifted to Deeksha hospital in Yelahanka, Bengaluru, wherein he was treated as an inpatient. However, in spite of the better treatment provided to him by Doctors, Hanumantharayappa succumbed to the injuries on 12.01.2011 at about 2:45 p.m. Subsequently, the dead body was sent to the hospital for conducting post mortem examination. It is stated that huge amount was incurred by claimants for providing medical treatment to Hanumantharayappa. Pursuant to filing of complaint before Doddaballapur Police, case in Crime No.119/2010 was registered against the driver of the luggage Auto bearing registration No.KA- 06-B-903. The deceased Hanumantharayappa was aged about 55 years as on the date of the accident and he was an agriculturist by avocation and also doing vegetable vending business and earning a sum of Rs.9,500/- per month.