D JAYALAKSHMI Vs. B V DEEPAK

JUDGEMENT

(1.) This appeal by the claimants is directed against the impugned judgment and award dated 30th November 2004, passed in M.V.C. No. 864/2002, on the file of the Principal Civil Judge, (Senior Division) & II Additional Motor Accident Claims Tribunal, Davangere, (for short, Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 3,91,000/- with interest at 6% per annum, awarded in favour of the claimants as against their claim for Rs. 25.00 lakhs, is inadequate.

(2.) The brief facts of the case are that, the first appellant is the wife, appellants 2 and 3 are the minor children and appellant No. 4 is the mother of the deceased late Sri. K. Dharmeshi, who died in the road traffic accident that occurred at about 9:00 A.M., on 01-09-2003, near Bapuji Hospital Cross on Dental College Road, Davangere. That on the said date, time and place, when the deceased was going on Hero Honda Splendor motor cycle, bearing Registration No. KA-17/Q-6790, as pillion rider, at that time, the rider of the said motor cycle drove the same in a rash and negligent manner, and all of a sudden, took a right turn and lost control over the vehicle, due to which, the motor cycle fell down and both the rider and the pillion rider (the deceased) fell down, sustaining grievous injuries. The deceased was immediately shifted to C.G. Hospital, Davangere , where he was declared dead, due to head injuries. It is the case of appellants that the deceased was aged about 39 years and was a skillful lawyer, earning a sum of Rs. 15,000/- per month. It is their further case that, on account of the death of the deceased, they have lost the sole bread winner of the family and are in great distress. They were entirely dependent on the deceased, who was their main source of livelihood. Therefore, they have to be compensated adequately.

(3.) On account of the death of the deceased, the appellants filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal seeking compensation of a sum of Rs. 25.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 30th 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. 3,91,000/- under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.