RANJAN GOGOI, NAVIN SINHA
Kempaiah – Appellant
Versus
S. S. Murthy – Respondent
ORDER :
Delay condoned.
2. Leave granted.
3. We have heard the learned counsels for the parties and perused the relevant material.
4. The appeals arises out of an order of the High Court of Karnataka by which compensation, though enhanced by the High Court, has left the claimants dissatisfied giving rise to the present appeals.
5. The brief facts that will require to be noticed are as follows:
One K.Viji @ Manu, while riding pillion on a two-wheeler on 19.05.2008 died in an accident arising out of rash and negligent driving of transport vehicle which dashed against the said two-wheeler. The deceased at the time of his death is claimed to have been working in a milk business with one Mangala Agency and earning an income of Rs.10,000/- per month. The deceased had left behind his father (40 years), mother (38 years) and a sister (17 years).
6. The learned Tribunal found that the driver of the lorry (heavy transport vehicle) to be responsible for rash and negligent driving. Thereafter the learned Tribunal in order to determine the quantum of compensation arrived at a sum of Rs.4,000/- per month as the possible income of the deceased and taking into account the age of the mother i.e. 38 years
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