BOMMA Vs. SHIVAKUMAR

JUDGEMENT

(1.) The appellants, who were claimants in MVC No.869/2012 preferred this appeal for enhancement of compensation.

(2.) The case of the appellants are that they are the sons of deceased who died on account of injuries suffered by her in an accident which occurred on 9-2-2012 when she was travelling in an Auto bearing No.KA-11/A-1368 on Melukote-Jakkanahalli Road near C.E.T. Poly Technique College, due to rash and negligent driving by its driver. It is their further case that the deceased was hale and healthy at the time of accident and by working as a flower and vegetable vendor she was earning Rs. 10,000.00per month and used to look after the welfare of the claimants. Therefore, they filed a claim petition before the Tribunal. The Tribunal framed the following issues for its consideration:

(3.) Learned counsel for the appellants submitted that the income of the deceased as claimed by the claimants is Rs. 10.000.00per month, accordingly, the same should have been calculated for the purpose of awarding compensation. It is further submitted that though the appellants have not produced any documents in support of their claim, they got examined P.W.1 and got marked Exs.P1 to P18 such as FIR, Complaint, Charge sheet, IMV Report, Inquest Report, Inpatients Slip, Medical Prescriptions and Medical Bills. The respondent Insurance Company has examined its Officer as R.W. 1 and marked copy of Insurance Policy as Ex. R-1 and Permit as Ex.R2. Therefore, he submits to allow the appeal.