RENUKA Vs. YANKU KUMARI

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 27.01.2016 passed by the Senior Civil Judge and Additional MACT at Shorapur, in MVC No.84/2014.

(2.) For the sake of convenience, we shall refer the parties as per their ranking before the Tribunal.

(3.) The case of the claimants/appellants before the Tribunal is that on 23.12.2013 at 6.30 p.m., near Halbhavi cross, the deceased-Nagaraj was standing on the extreme side of the road. At that time, a tractor bearing registration No.KA-33-T-9366 came in a rash and negligent manner and dashed to the deceased-Nagaraj causing fatal injuries, due to which he died on the spot. The claimants have further contended that before the accident the deceased was hale and healthy and he was aged about 22 years and was earning Rs.15,000.00 per month. He used to maintain the entire family and after his death, the claimants are leading critical life for their livelihood and they have lost their love and affection. The claimants have further contended that the said accident was due to rash and negligent driving of the tractor by its driver. Therefore, owner and insurer of the offending tractor are liable to pay compensation. Hence, claimants who are wife, daughter and parents of the deceased- Nagaraj filed the claim petition claiming compensation of Rs.35,00,000.00.