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The petitioners have filed this petition claiming compensation of Rs.1,25,00,000/­ (One crore twenty (SCCH­3) 3 M.V.C.No.1438/20 five lakhs) for the death of Sri.Shivananjegowda, in the road traffic accident occurred on 06.02.2020.

02. The brief facts are as under:­ It is submitted that on 06.02.2020 at about 01.00 p.m when the deceased namely Shivananjegowda was riding the TVS Jupiter vehicle bearing No. KA­02­JQ­8332 on the extreme left side of S.M.Halli Village, V.Pura Hobli, Channapattana Taluk, Ramanagara, at that time suddenly the driver of Lorry bearing No.KA­08­3482 came from Honganuru towards Akkuru, in rash and negligent manner and dashed to the vehicle of Shivananjegowda. Due to this he fell down and the wheels of the said lorry ran over on his head, due to which he succumbed to fatal injuries and died at the spot. Immediately after the accident he was shifted to Channapattana Government hospital, wherein post mortem was conducted and handed over the dead body to the petitioners. Thereafter the petitioners have shifted the dead body to their residence in hired vehicle and conducted funeral and obsequies ceremonies by spending more than Rs.1,50,000/­. Due to the death of Shivananjegowda, the petitioners being the wife, children and mother have undergone deep mental shock, pain and sufferings. That the deceased prior to the accident was hale and healthy and was working as (SCCH­3) 4 M.V.C.No.1438/20 Senior Executive and Director at Modicare Consultant Authorization and earning Rs.72,675/­ p.m and was income tax assessee. The accident is due to the rash and negligent driving of Lorry driver. The respondent No.1 is the R.C owner and the respondent No.2 is the insurer of the said Lorry. Hence, both respondents are liable to pay the compensation. Hence this petition.

In order to prove the income of the deceased as Rs.72,675/­ p.m by working as Senior Executive and Director at Modicare Consultant Authorization, the petitioners have produced Letter issued by Modicare Company showing salary details of deceased Shivananjegowda, copy of ID card of deceased Shivananjegowda as per Ex.P.9 and 10, copy of Form 26 AS and Account extract of SBI as per Ex.P.17 and 18, three photos, CD, Certificate issued by Modicare, (SCCH­3) 14 M.V.C.No.1438/20 Bengaluru Vijaya Newspaper and Salary certificate as per Ex.P.22 to 24 and 26.

Further the petitioners have also examined one witness by name Manjunath, working as Area Sales Manager at Modicare Company Ltd., as Pw.2 who had stated that the deceased was working under them and getting salary. The Pw.2 had produced Letter of Modicare showing the details of income of deceased and copy of his ID card as per Ex.P.19 and 20.

The Pw.2 in his cross examination has admitted that "I have not produced any documents to show that it is part of Modi enterprises. It is true that they are the promoters of modi care products. They are founders and promoters. Deceased was one of the agent under modicare. It is true that he was not employee under modi enterprises. It is true that he was paid commission based on the business transacted. The commission was directly credited to bank account of agent. It is true that we have not given commission from modi enterprises and it is paid through modicare". 

P.W.1         Ningamma
P.W.2         Manjunath
P.W.3         Ramegowda

List of documents          marked      on    behalf    of   the
petitioners:

Ex.P.1        Copy of FIR
Ex.P.2        Copy of Complaint
Ex.P.3        Copy of PF memo
Ex.P.4        Copy of Spot Mahazar
Ex.P.5        Copy of Inquest report
Ex.P.6        Copy of Post mortem report
Ex.P.7        Copy of IMV report
Ex.P.8        Copy of Charge sheet
Ex.P.9        Letter issued by Modicare Company

showing salary details of deceased Shivananjegowda Ex.P.10 Notarized copy of ID card of deceased Shivananjegowda (SCCH­3) 22 M.V.C.No.1438/20 Ex.P.11 Notarized copy of Aadhaar card of deceased Shivananjegowda Ex.P.12 to Notarized copy of Aadhaar cards of P.W.1 Ex.P.16 Notarized copy of driving licence of deceased Shivananjegowda Ex.P.17 Copy of Form 26 AS Ex.P.18 Account extract of SBI Ex.P.18(a) Entry of Rs.11,000/­ and Rs.5,000/­ in Ex.P.18 Ex.P.18(b) Entry of 06 payments in Ex.P.18 Ex.P.19 Letter of Modicare showing the details of income of deceased Ex.P.20 Notarized copy of ID card of P.W.2 Ex.P.21 Notarized copy of Aadhaar card of P.W.3 Ex.P.22 Three photos Ex.P.22(a) CD Ex.P.23 Certificate Ex.P.24 Bengaluru Vijaya Newspaper dt:15­01­2008 Ex.P.25 True copy of Sketch Ex.P.26 Salary certificate List of witnesses examined for the Respondents: