YASHODHA W/O LATE KRISHNAPPA GOWDA Vs. SURENDRA KAUR

JUDGEMENT

(1.) THIS is a claimant's appeal for enhancement of compensation not being satisfied with quantum of compensation awarded by MACT, Mangalore in MVC No.339/2007 dated 30.11.2009 whereunder claim petition filed by the wife and son of deceased Sri Krishnappa Gowda came to be allowed in part and a total compensation of Rs.4,13,000/ - came to be awarded under the following heads: <FRM>JUDGEMENT_180_LAWS(KAR)12_2014.htm</FRM>

(2.) CLAIM petition under Section 166 of the Motor Vehicles Act, 1988 was filed by the wife and son of deceased Sri Krishnappa Gowda contending interalia that while he was proceeding in a jeep bearing registration No.KA -21/M -2119 from Mangalore to Puttur on 23.10.2006 at about 5.45 p.m. a lorry bearing registration No. MP -09/HF -1094 coming from opposite direction, driven in a rash and negligent manner dashed against said jeep and due to the impact, driver namely, husband of first claimant sustained grievous injuries and as such he was shifted to Puttur Hospital and was administered first -aid and subsequently shifted to City Hospital where he was treated for 11 days and on 04.11.2006 he succumbed to the injuries. Hence, compensation of Rs.15 lakhs was sought for.

(3.) INSURER appeared and filed statement of objections denying the averments made in the claim petition. Wife of deceased got herself examined as P.W.1 and also produced copy of the FIR, spot rough sketch, IMV report, charge sheet, inquest report and post mortem report as per Exs.P -1, P -2, P -3, P -6, P -8 and P -9 respectively. After evaluation of evidence, Tribunal has awarded total compensation of Rs.4,13,000/ - as already noticed herein above under various heads and not being satisfied with the said compensation, present appeal has been filed.