JUDGEMENT
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(1.)Appellants are the claimants, being not satisfied with the quantum of compensation awarded in the
judgment and award dated 24.04.2010 made in MVC No.1392/2008 passed by the Fast Track Court
and Motor Accident Claims Tribunal, Mangalore D.K. (hereinafter referred to as 'the tribunal' for
short), filed this appeal seeking enhancement of compensation.
(2.)Appellants are the wife and children of deceased Valerian Fernandes. They filed a claim petition contending that on 17.08.2008, while he was proceeding in a Bajaj M 80 vehicle bearing registration
No.CRX-6135 towards Nagori from pumpwell side on NH.48, near Kapithanio, a Tata Sumo bearing
registration No.KL-11/G-6201 came from Padil side in a rash and negligent manner with a high
speed dashed against the motor cycle of the deceased. Due to the impact, the deceased fell down and
sustained grievous injuries all over the body. Immediately after the accident, he was shifted to
Omega Hospital, Mangalore. However, during the course of treatment, he succumbed to the
injuries. In the claim petition, it was contended that the deceased was aged about 55 years as on the
date of accident and by doing business he was earning a sum of Rs.12,000/- per month. In view of
sudden death of the deceased, family has lost the bread earner and hence, they sought for
compensation of Rs.10,00,000/-.
(3.)Insurance company defended the case by filing written statement.
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