IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
MR. JUSTICE UMESH M ADIGA, J
Minaxi W/o. Sadananda Belamkar – Appellant
Versus
Ashrafkhan S/o. A. Khan Kittur – Respondent
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)
This appeal is by the claimants against the judgment and award dated 02.01.2018 passed by the learned Sr. Civil Judge & AMACT, Hangal in M.V.C. No. 24/2015 praying for enhancement of compensation as well as directing the respondent No.2-insurer to pay compensation with liberty to recover it from the owner of the offending vehicle. Parties are referred to as per their ranking before the Tribunal.
2. Brief facts of the case are that on 05.07.2014 around 11.45 A.M., one Sadanand (deceased), husband of claimant No.1 and father of claimants No.2 to 4, was going by walk by the side of Tadakod Oni in Dharwad. He met with an accident due to rash and negligent riding of the motorcycle bearing No. KA-31-J-8500 by its rider as a result of which he sustained grievous injuries and while undergoing treatment, on the same day he succumbed to the injuries. It is further contention of the claimants that deceased was aged 52 years, earning Rs.12,000/- per month by working as a Pigmi Agent and maintaining the family. Due to his sudden death, the family has been suffering. With these reasons, they prayed to award compensation of Rs.18 lakhs.
3. Re
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