SRIDEVI Vs. RAMESH

JUDGEMENT

(1.) The claimants have preferred this appeal, seeking enhancement of compensation by assailing the judgment and award dtd. 24/3/2018 passed in MVC No.24/2016 by the II Addl. M.A.C.T & Additional District & Sessions Judge, Bidar (hereinafter referred to as 'the Tribunal' for short).

(2.) The claimants filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 before the Tribunal, claiming compensation of Rs.79.94 lakhs on account of death of one Sanjeevkumar, contending that on 18/12/2015 at about 22.00 hours on Bhalki Bidar road, when the deceased was returning to his home at Kon Melkunda by walk and came near Siddeshwar cross, a Cruiser Jeep bearing Reg.No.KA.39.0643 came in a rash and negligent manner and dashed against the deceased, due to which the deceased fell on the road and sustained grievous injuries on the vital parts of the body and died on the spot. The claimants are the wife, minor children and the parents of the deceased Sanjeevkumar. The deceased was hale and healthy and was aged about 32 years at the time of the accident and he was doing mason work and was earning more than Rs.1,000.00 per day and also earning around Rs.150.00 per day by doing milk vending work and thus, contended that the deceased was earning Rs.34,500.00 per month. The claimants were solely dependent upon the deceased for their livelihood and he was the only breadwinner of the family.

(3.) On issuance of notice by the Tribunal, respondent No.1-owner of the offending vehicle and respondent No.2-insurance company appeared and filed their written statement.