This appeal is preferred by the claimants, who

are the wife, child and parents of the deceased

Ramesh assailing the judgment and award dated

16/05/2020, passed in MVC.No.840/2018 on the file

of the Senior Civil Judge & Motor Accident Claims

Tribunal, Hosadurga (<the Tribunal= for short) seeking

enhancement of compensation, whereby the Tribunal

has awarded total compensation of Rs.49,77,000/-

with interest at the rate of 6% p.a. from the date of

petition till the date of deposit.

The claimants filed the claim petition

MVC.No.840/2018

seeking

compensation

of

Rs.89,00,000/- on account of death of one Ramesh

who died in a road traffic accident that occurred on

29/01/2018 at 6.00 p.m. when the deceased was

proceeding on Honda motorcycle bearing registration

No.KA-16/EH-7026 as a pillion rider, when he reached

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near APMC gate at Alankar bar on Huliyaru-Hosadurga

Road, the rider of another motorcycle bearing

registration No.KA-16/EJ-0519 rode the motorcycle in

a rash and negligent manner and dashed against the

deceased9s

motorcycle,

due

to

the

impact

the

deceased Ramesh fell down and sustained grievous

injuries and on 25/05/2018 he succumbed to the

injuries.

3.

It is the contention of the claimants that

the deceased was hale and healthy at the time of

accident and was aged about 35 years, was earning

Rs.50,000/- per month as he was working as a

conductor and was also doing agricultural work. The

claimants are solely dependent upon the income of

the deceased and hence, sought for compensation.

In pursuance of the notice issued by the

Tribunal, respondent Nos.1 and 2 appeared, but

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respondent No.1 did not choose to file any objection.

Respondent No.2 insuranc9e company filed objections

contending that the accident occurred due to rash and

negligent riding

of

the

rider

of

the

offending

motorcycle (No.KA 15/EJ 0519) and the rider did not

possess valid and effective driving license as on the

date of the accident and as such, the owner of the

vehicle violated the terms of the policy and as such,

sought to absolve the liability.

5.

The Tribunal on the basis of the pleadings

framed the following three issues:

<1.

Whether petitioners prove that deceased

Ramesh succumbed to injuries in RTA that

occurred on 29/01/2018 at 6-00 P.M. at APMC

gate near Alankar Bar on Hosadurga 3 Huliyar

main road in Hosadurga Town, when deceased

was riding on Hero Shine motor cycle bearing

No.KA-16-EH-7026, due to rash and negligent

riding of motor cycle bearing No.KA-16-EJ-

0519 by its rider?

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Whether the petitioners prove that they

are legal heirs of deceased Ramesh?

Whether petitioners are entitled for the

compensation? If so, to what extent and form

whom?

What order or award?=

6.

In order to substantiate the contention of

the claimants, claimant No.1, the wife of the deceased

examined herself as PW.1 and got marked 22

documents as Exs.P-1 to P-22. On the other hand,

respondent No.2 examined Dr. Chaitra as RW.2 and

technician of Max Hospital, Shimoga as RW.2 and got

marked Exs.R-1 and R-2.

7.

The Tribunal on consideration of the oral

and documentary evidence on record held that the

accident occurred due to the rash and negligent riding

of the motorcycle bearing registration No.KA 15/EJ

0519 by its rider and also held that the claimants have

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proved that they are the legal heirs of the deceased

Ramesh and fastened the liability on the insurance

company awarding compensation of Rs.49,77,000/-

with interest at the rate of 6% per annum from

petition till the date of deposit.

8.

Being

unsatisfied

with

the

award

of

compensation by the Tribunal, the present appeal is

preferred by the claimants. No appeal is preferred by

the insurance company.

9.

Heard learned counsel for the appellant and

learned

counsel

for

respondent

No.2/insurance

company and perused the material on record.

10. Learned counsel for the appellant, Sri

Shivakumarappa

T.C.

would

contend

that

the

compensation arrived by the Tribunal under the head

loss of dependency is