R SARASWATHI Vs. M SHIVAKUMAR

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel on both sides, the matter is taken up for final disposal.

(2.) This appeal is directed against the judgment and award dated 29.06.2015 rendered by the MACT, Bangalore, in MVC No.649/2013 seeking enhancement of compensation, wherein the Tribunal has awarded compensation of Rs.11,80,000/- with interest @ 6% p.a.

(3.) The factual matrix of the appeal is that on 30.12.2012 at about 8.30 a.m., when deceased L.Balaraj was proceeding as a pedestrian from Thirumagondanahalli Village, Hosur Bangalore NH Service Road, at that time, JCB Crane bearing Reg.No.KA-51-N-9005 being driven by its driver in a rash and negligent manner, had struck him. Due to the said impact, deceased L.Balaraj fell down and sustained fatal injuries and succumbed at the spot. The accident occurred due to rash and negligent driving of JCB crane driver. The deceased was earning Rs.500/- to Rs.600/- per day by working as a Mason and due to his untimely death, the petitioners being the dependants have lost their bread earner of the family. The jurisdictional police have registered case in Cr.No.685/2012. On all these grounds, the petitioners filed the claim petition before the Tribunal seeking compensation.