SUMATHI Vs. P Y CHANDRA

JUDGEMENT

(1.) This is a claimants' appeal directed against the impugned judgment and award dated 26-05-2006 passed in MVC No.2/2005 on the file of the Civil Judge (Sr.Dn.) & JMFC, Addl. MACT, Hunsur, (hereinafter referred to as 'Tribunal' for brevity).

(2.) The Tribunal by its judgment and award, awarded a sum of Rs.2,57,400/- after deducting 40% towards contributory negligence on the part of the deceased, with interest at 6% p.a. as against the claim of the claimants for Rs.28,15,000/- on account of the death of the deceased late Sri. Harisha, in a road traffic accident. The grievance of the appellants is that the compensation awarded by the Tribunal is inadequate and hence, it is required to be enhanced by modifying the judgment and award of the Tribunal.

(3.) The brief facts of the case are: The appellants No. 1 and 2 - claimants are the wife and minor child and appellant No.3 is the mother of the deceased. They have filed a claim petition claiming compensation against the respondents on account of the death of the deceased Harisha, contending that, the deceased was working as a driver of goods tempo and was earning more than Rs.3,000/- per month as salary and Rs. 100/- per day as 'batta'. He was the sole bread earner in the family and the entire family depended on his income. Unfortunately, on the fateful day, on 24-9-04 at 9.45 a.m. when the deceased was coming from Uppina Angadi village in Sakleshpur taluk, Hassan, in his own vehicle, tempo bearing No.KA-09/9707, driving the said vehicle in a moderate speed on the left side of the road by observing the traffic norms, when he reached the place near Ratemane on N.H.48 on B.M.Road, at that time, the first respondent being the driver of the KSRTC bus bearing registration No. KA-13/F-1104 coming from Hassan in a rash and negligent manner with high speed dashed against the vehicle driven by the deceased. Due to the said impact, deceased sustained injuries and succumbed to the injuries on the spot. Hence, the wife, minor child and mother of the deceased filed a claim petition claiming compensation of Rs.28,15,000/-.