NAGARATHNAMMA Vs. GAUTHAM NAGARAJ

JUDGEMENT

(1.) Aggrieved by the award dated 30.03.2013, passed by the Additional Senior Civil Judge and CJM and MACT, Mandya, whereby for the death of Mr. H.S. Shivalingaiah, the learned Tribunal has granted a compensation of Rs. 16,03,830/-, along with interest at the rate of 9% per annum from the date of filing of the petition till realization, the appellants have approached this court.

(2.) Broadly stated, the facts are that on 29.10.2009, Mr. H.S. Shivalingaiah and Ms. R.K. Sudhakumari were deputed to Konganooradoddi, Madapuradoddi, Madanayakanahally and Nidagatta for collection of electricity charges. After collecting the electricity charges, they were returning to Maddur. They were riding a Honda Activa. Ms. Sudhakumari was driving the Scooter, while Mr. H.S. Shivalingaiah was the pillion rider. When they reached near Darga of Nidagatta, located on Mysuru-Bengaluru Road, suddenly a Santro Car, bearing registration No.KA-02-MD-2432, being driven rashly and negligently, came from the direction of Bengaluru, and dashed against the Honda Activa on the back. Consequently, both the riders fell and sustained injuries. Due to the injuries, Mr. H.S. Shivalingaiah died at the spot.

(3.) Since the appellants suddenly lost the sole bread earner of the family, they filed a claim petition before the learned Tribunal. In order to support their case, they examined two witnesses and submitted eight documents. The Insurance Company neither examined a witness nor submitted any document. Subsequently, the learned Tribunal granted the compensation along with the interest as aforementioned. Hence, this appeal for enhancement.