LAWS(KAR)-2010-4-174

VASUKI SHARMA W/O LATE G.N. RANGANATHA AND OTHERS Vs. NATIONAL INSURANCE COMPANY LTD. AND M. SUBRAMNI S/O MUTHUPAIYANNO

Decided On April 08, 2010
Vasuki Sharma W/O Late G.N. Ranganatha Appellant
V/S
National Insurance Company Ltd. And M. Subramni S/O Muthupaiyanno Respondents

JUDGEMENT

(1.) ADMIT .

(2.) THIS is a claimants Appeal directed against the impugned judgment and award dated 28.2.2006 passed in MVC No. 6275/2003 on the file of XVI Addl. Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate.

(3.) IN brief, the facts of the case are: Appellant No. 1 is the wife, appellant Nos. 2 to 4 are minor children of the deceased Sri G N Ranganatha. They filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 20,00,000/ - on account of the death of the deceased in the road traffic accident that occurred on 15.9.2003 at about 2.30 p m. when the deceased was travelling as a pillion rider in the motor cycle of his brother bearing registration No. KA 04 EE/5593, at that time, a lorry bearing registration No. KA 01 AA/5696 driven by its driver in a rash and negligent manner, dashed against the motor cycle, on account of which, the deceased -pillion rider fell down and sustained grievous injuries and died on the spot. It is the further case of the appellants that the deceased was aged about 41 years and working as Production Manager in Uma Industries, getting salary of Rs. 10,000/ - per month and also Rs. 5,000/ - as consultation fee from Growell CNC Systems. On account of untimely death of the deceased, they have lost love and affection, social and financial security and their future life is jeopardised. On account of the death of the deceased. the appellants filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation of a sum of Rs. 20,00,000/ - against the respondents. 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. 6,84,000/ - with interest at 6% per annual from the date of Petition till realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in Appeal before this Court seeking enhancement of compensation.