R.P. VISHWANATH S/O LATE RUNALEPPANNA AND SATHYAVATHAMMA W/O R.P. VISHWANATH Vs. D.H. UMESH S/O D. HOSALLAPPA MAJOR, THE ORIENTAL INSURANCE CO. LTD. BY ITS DIVISION MANAGER, B.A. NAZEER AHMED KHAN S/O C.B. ATHAULLA KHAN AND THE ORIENTAL INSURANC

JUDGEMENT

(1.) THIS is an appeal filed by the claimants seeking enhancement of compensation being not satisfied with the Judgment and award passed in MVC No. 84/94 dt. 21.2.2004 passed by the MACT, Bangalore.

(2.) THE facts in nutshell are as follows: One Sri. R.V. Chandrashekar, aged about 19 years was travelling on 27.9.1993 in a bus bearing registration No. AP. 11 T945 and when it reached near Kadlur village on National Highway -48 at about 11.30 p.m., a tempo bearing registration No. KA.14 -1174 dashed against the bus, on account of which Sri. R.V. Chandrashekar is said to have died at the spot along with other 9 persons. On account of the death of said Sri. R.V. Chandrashekar, his parents filed a claim petition under Section 166 of the Indian Motor Vehicles Act, 1988, claiming compensation of Rs. two lakhs.

(3.) I have heard Sri. Hemant learned Counsel appearing on behalf of M/s Pramila Assts. and Smt. Lokeshwari, learned Counsel appearing on behalf of 2nd respondent. Sri. Hemant would contend that compensation awarded by the Tribunal under the heading 'loss of dependency' is on the lower side and Tribunal should have taken the income of the deceased at Rs. 3,000/ - p.(sic) and accordingly compensation should have been determined. He would also submit that compensation awarded under 'Other headings' is on the lower side and requires to be enhanced. Per contra, Smt. Lokeshwari, learned Counsel appearing for 2nd respondent would contend that Tribunal has taken into consideration the relevant material placed by the claimants and accordingly has awarded the compensation. She would also submit that Tribunal has accepted the plea put -forward by the claimant with regard to the income of the deceased, which according to them was Rs. 1,000/ - and hence submits that the Judgment and award impugned in this appeal does not call for interference at the hands of this Court.