G HANUMANTHARAYAPPA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

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

(2.) This appeal is directed against the judgment and award dated 21.6.2013 passed in MVC No.4319/2012 on the file of the XXIII Additional Small Cause Judge & XXI ACMM, MACT, Court of Small Causes, Bengaluru, whereby the Tribunal awarded compensation of Rs.3,75,000.00 with interest at 6% p.a, which is found to be inadequate and also on the lower side. Therefore, this appeal requires to be interfered with the judgment rendered by the Tribunal and reappreciate the entire evidence of PW1 Hanumantharayappa, who is stated to be the father of the deceased. The evidence of PW1 and so also the documents at Exs.P1 to P11 produced by the claimants in order to establish their case against the respondent have been appreciated by the Tribunal.

(3.) It is evident in the claim petition that on 4.6.2012 at about 7.20 a.m, the deceased, Ajay was proceeding on his motorcycle on B H Road. When he reached near Ganganagar, Gowribidanur Town, the driver of lorry bearing Regn. No.GJ:06:V-7025 drove the same in a greater speed and hit the motorcycle of the deceased, Ajay, as a result of which, the said Ajay was thrown out on the road and the wheel of the lorry ran over his head and he succumbed to the injuries at the spot. The deceased, Ajay was aged about 17 years at the time of accident occurred on 4.6.2012 and was a student.