KEMPAMMA Vs. M ANANDA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 5th May 2005, passed in M.V.C. No. 135/2001, by the Civil Judge (Sr.Dn.), Motor Accident Claims Tribunal, Maddur, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.3,O5,0O0/- awarded in favour of the claimants as against their claim for Rs.20.00 Lakhs, is inadequate.

(2.) THE facts in brief are that, the claimants-appellant No. 1 is the wife, appellants 2 and 3 are the children and appellant No.4 is the mother of the deceased Late Sri. Shivamallaiah. THEy filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 8:00 a.m, on 13-05-2001, the deceased Shivamallaiah met with an accident, while he along with others was travelling in Maxi Cab bearing KA-11/1323, on account of rash and negligent driving by the driver of the offending Lorry. Due to the impact, he sustained grievous injuries and immediately he was shifted to NIMHANS and later, he succumbed to the same on 20-05-2001, after about 8 days.

(3.) WE have heard learned counsel for appellants, learned counsel appearing for respondents 1 and 2 and learned counsel appearing for respondent No.5, for considerable length of time. The third respondent-National Insurance Company, on whom the liability is fastened has remained unrepresented even after service of notice.