IRANNA @ IRAPPA Vs. MOUNESH

JUDGEMENT

(1.) Since these appeals arise out of the same accident and have been decided by a common judgment by the Tribunal, they were heard analogously and have been decided by this common judgment.

(2.) These appeals under section 173 of the Motor Vehicles Act, 1988, (hereinafter referred to as "Act" for short) have been filed by the claimants being aggrieved by the award dated 30.09.2013 passed by the Principal Senior Civil Judge And CJM And Additional MACT Dharwad, (hereinafter referred to as "Tribunal" for short), seeking enhancement of amount of compensation.

(3.) The facts giving rise for filing of these appeals, briefly stated, are that on 21.05.2010, on the instructions of respondent No.1 viz., the son of owner of the vehicle, the claimant in Rs. was proceeding on the motorcycle bearing registration No.KA-25/EC-6752 towards Maradagi village and when the said vehicle was at Shivalli on Navalgund-Dharwad road, at about 9.35 p.m., the deceased dashed the motorcycle against a pole situate by the side of the road. As a result of which, the rider and the pillion rider, who is claimant in Rs. sustained injuries. The rider i.e. deceased Nagappa sustained fatal injuries in the aforesaid accident and ultimately succumbed to the injuries. The claimant in Rs. sustained severe injuries in the aforesaid accident. Thereupon, the claimants, who are parents of deceased filed claim petition under section 163-A of the Act claiming compensation for the death of deceased Nagappa and it was pleaded that the deceased was employed as carpenter and was aged about 28 years at the time of the accident. It was also pleaded that the deceased used to earn Rs.3,000/- per month. Accordingly, an amount of Rs.25,00,000/- was claimed. The claimant in Rs. sustained two fractures and sustained disability to the extent of 2% to his whole body. Therefore, he claimed a sum of Rs.10,00,000/- as compensation.