JUDGMENT :

K. Somashekar, J.

1. Though this appeal is listed for admission, with the consent of learned counsel on both sides, the matter is heard for final disposal.

2. This appeal is preferred against the judgment and award dated 5.5.2010 rendered by the Tribunal in MVC No.867/2008 seeking enhancement of compensation.

3. The factual matrix of the appeal is as under: It is stated in the claim petition that on 29.01.2008 at about 11.30 a.m. deceased Hanumanthaiah was traveling to Sangenahalli from Pochakatte along with one P.H.Ngaraju in an auto bearing Regn.KA-06 B 4231 and when the said auto was moving in Doddabidra - Chikkabidare road, at that time the driver of the said auto drove the same in a rash and negligent manner with high speed as a result the auto capsized and caused the accident. Due the said impact, Hanumanthaiah died in the hospital. Prior to the accident, Hanumanthaiah was hale and healthy, he was carrying agriculture work and used to earn Rs.8,000/- p.m. The entire family was depending upon his income. Due to the untimely death of Hanumanthaiah, the claimants bein