LEVEENA FERNANDES Vs. V P MADHUSUDHAN
LAWS(KAR)-2017-7-36
HIGH COURT OF KARNATAKA (FROM: BENGALURU)
Decided on July 18,2017

Leveena Fernandes Appellant
VERSUS
V P Madhusudhan Respondents


Referred Judgements :-

RAJESH VS. RAJBIR SINGH [REFERRED TO]


JUDGEMENT

- (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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