K. MANJULA W/O LATE T.P. PRASANNA KUMAR, T.P. ANANYA S/O LATE T.P. PRASANNA KUMAR, T.N. ASWATHNARAYANA S/O LATE NAGAPPA AND T.K. KAMALAMMA W/O T.N. ASWATHNARAYANA Vs. ISMAIL KHAN S/O MURADI KHAN AND THE NATIONAL INSURANCE COMPANY LIMITED REP. BY

JUDGEMENT

(1.) ADMIT .

(2.) THIS is a claimants Appeal for enhancement of compensation against the impugned judgment and award dated 21st of July 2006 passed in MVC No. 769/2000 on the file of Principal Civil Judge (Sr. Divn.) and Additional Motor Accident Claims Tribunal, Tumkur, (hereinafter referred to as 'Tribunal' for short) on the ground that the compensation awarded by the Tribunal is inadequate and it needs to be enhanced.

(3.) IN brief, the facts of the case are: Appellant No. 1 is the wife of the deceased, appellant No. 2 is the minor child and appellant Nos. 3 and 4 are parents of the deceased. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 8,00,000/ - on account of the death of the deceased, contending that at about 9 p.m. on 19.6.2000, when the deceased was moving in a motor cycle bearing registration No. KA 06 6028 near Oorukere check post on N.H. 4, due to rash and negligent driving of the lorry bearing registration No. M P 07 G 1576, it dashed against vehicle of the deceased, on account of which he sustained grievous injuries. Immediately, he was shifted to Government Hospital. In spite of best medication, he succumbed to the injuries - Further case of the appellants is that the deceased was aged about 35 years and was an agriculturist cum authorised dealer running a fair price depot, earning more than Rs. 6,000/ - per month. On account of the death of the deceased, they have lost the sole bread winner of the family and are in great distress. The said claim petition had come up for consideration before the Tribunal, which in turn, after assessing the oral and documentary evidence and other material available on file, has allowed the same in part awarding compensation of Rs. 3,61,000/ - with interest at 6% per annum under different heads from the date of Petition till payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in Appeal before this Court, seeking enhancement of compensation.