ALICE VARKEY Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is filed by one of claimants challenging the impugned judgment and award dated 4th March, 2005, passed in M.V.C. No.3678/2003, by 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.5,81,000/- awarded as against their claim for Rs. 16.00 lakhs, is inadequate.

(2.) THE facts in brief are that, the appellant being the wife of the deceased Late Sri. M.M. Varkey, and their children, who are respondents 3 and 4 herein had filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 3:30 p.m. on 17-05-2003, the deceased M.M.Varkey was proceeding on his bicycle to his house after completing his duty from Airforce Training College, Jalahalli West. When the bicycle was moving on the extreme left side of S.M. Road, near Fathima Church, a car bearing No.KA -04/P-4733 being driven by its driver, in a rash and negligent manner, came from behind and dashed against the bicycle of the deceased. Due to the impact, the deceased sustained grievous injuries and succumbed to the same in Command Hospital at 6:45 a.m. on the same day.

(3.) WE have heard learned counsel for appellant and learned counsel for Insurance Company, for considerable length of time.