KUSUMA BHAT Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 22nd November 2004, passed in M.V.C. No. 3985/1998, on the file of the XIX Additional SCJ and Motor Accident Claims Tribunal, Bangalore (SCCH-17), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,22,000/- awarded in favour of the claimants as against their claim for Rs. 19.85 Lakhs, is inadequate.

(2.) The facts in brief are that, the third Appellant is no more and she is represented by Appellants 1 and 2 who are the wife and daughter of deceased K. Jayaram Bhat. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 9:00 A.M, on 19-03-1998, the deceased was travelling from Bangalore to Chitradurga in his own Ambassador Car bearing No. KA-20/M-4091 and when the driver of the said car was driving slowly and cautiously, when it reached near C.B. Forest on NH-4, Kallambella, Sira Taluk, Tumkur District, a Tanker bearing No. KA-16/A-4849, being driven by its driver at high speed, in a rash and negligent manner, dashed against the Car. Due to the impact, the deceased sustained injuries and died. He was hale and healthy prior to the date of accident, which resulted in his death. It is the case of the Appellants that, the deceased was a business man, being a proprietor of Maheswara Agro Chemicals and aged about 43 years, earning a sum of Rs. 10,000/- per month and was an income tax Assessee. In view of his untimely death, the family has become haywire and they are in great financial distress. Therefore, they have to be compensated adequately.

(3.) On account of the death of the deceased, the Appellants filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 19.85 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 22nd November 2004. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 3,22,000/- under different heads, with 6% interest per annum, from the date of petition till the date of payment, after deducting 50% towards contributory negligence on the part of the driver of the deceased. Being dissatisfied with the quantum of compensation awarded by the Tribunal and also contributory negligence of 50% fixed by Tribunal, the Appellants are in appeal before this Court, seeking enhancement of compensation and also to set aside the contributory negligence.