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Judgment
K.L. Manjunath, J.—The Appellant has lied, this appeal being aggrieved by the dismissal of the claim petition lodged by him before the MACT, Hunsur, in MVC 80/04 passed on 16.2.2007.
Ramegowda filed the claim petition claiming compensation on account of the death of his son Girish on 9.8.2004, who was aged about 16 years, in a road traffic accident occurred on 9.8.04 at about 6.30 p.m., near Bolanahally village of K.R. Nagar, Mysore.
It is the case of the claimant that the Ist Respondent was driving the Tractor- Trailer bearing regn. No. KA 11-1-2584-85 which vehicle was loaded with the sugarcane. When the Tractor was coming near Bolanahalli on account of the rash and negligent driving of the driver of the Tractor he clashed against the deceased who was crossing the road. Therefore a complaint was lodged. Police registered the case against the driver of the tractor. Thereafter the claim petition was lodged.
It is the case of the Respondents that deceased was not crashing the road and the Tractor and trailer did not hit the deceased. On the contrary from the back of the trailer the deceased was trying to steal sugarcane. While doing so he fell from the tractor and died. Therefore it is contended that the accident did not occur on account of the rash and negligent driving of the driver of the tractor arid trailer.
The claimant was examined as PW1. The driver was examined as RW1. The claimant relied upon the Police report. Except the self-serving testimony of RW1 there is nothing on record, to show that declassed while attempting to steal sugarcane fell from the tractor and died, On the contrary Police have registered the case against the 1st Respondent. When such being the ease, the Tribunal was not justified in dismissing the claim petition on the ground that there was no accident occurred. On perusal, of the Police records and evidence of the parties, we are of the opinion the accident has occurred on account of the rash and negligent driving of the tractor driver, Therefore the finding of the Tribunal has to be reversed.
So for as the compensation is concerned admitted he was aged about 16 years. He was studying in 10th Standard. In such case, this Court is consistently awarding a sum of Rs 2,25,000/- with interest at 6% p.a. from the data of petition till realisation.
Accordingly, the appeal is allowed. A sum of Rs. 2,25,000/- is awarded as compensation with interest at 6% p.a., from the date of petition till the date of payment.
Out of the compensation awarded to the claimant, a sum of Rs. 1,50,000/- with interest accrued thereon is ordered to be deposited in the name of the present LR of the decease Appellant for a period of 5 years. He is entitled to withdraw the periodical interest. Rest of the amount be released to him.