GANGAMMA Vs. KRISHNA

JUDGEMENT

(1.) This appeal is filed by the claimants, who are the wife and children of the deceased, challenging the judgment and award dated 13.04.2012 passed by the Principal District Judge and MACT, Chikmagalur in MVC No.457/2009, whereby the Tribunal has awarded a compensation of Rs.5,08,000/- with interest at 6% p.a. from the date of petition till the date of deposit.

(2.) The brief facts of the case are that on 12.07.2009, at about 7.00 p.m. deceased Laxmana had gone for coolie work as a loader and unloader in Alfa Goods auto bearing No.KA- 18/9250. When the auto was returning, deceased was also sitting by the side of the driver and silver oak plants were loaded in the vehicle. The driver of the said auto drove the vehicle in a rash and negligent manner and when it came near Hebballi on Chikmgalur-Tarikere road, it dashed to the lorry bearing No.KA- 18/7685 which was parked in the middle of the road without any parking light or signal. Due to the said accident, deceased sustained grievous injuries to his head and other parts of the body. Immediately, he was shifted to M.G.Hospital, Chickmagalur and he succumbed to the injuries in the hospital. Afterwards the claimants have filed the claim petition before the MACT, Chikmagalur in MVC No.457/2009.

(3.) To establish their case, the son of the deceased was examined as PW1 and got marked 6 documents. On the other hand, an officer of the Insurance Company was examined as RW1 and got marked 7 documents. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs.5,08,000/- with interest at 6% p.a. from the date of petition till the date of realization. Being not satisfied with the quantum of compensation, claimants have filed this appeal.