SUNITHA R. RAO W/O RAMACHANDRA RAO AND OTHERS Vs. NATIONAL INSURANCE CO. LTD. AND MOHAMED YASEEN S/O B.R. ABDUL BASHEER

JUDGEMENT

(1.) ADMIT .

(2.) THIS is a claimants' appeal for enhancement of compensation directed against the impugned judgment and award dated 18th of April 2005 passed in M V C No. 2782/2002 on the file of IV Addl. Judge, Member, MACT, Bangalore, SCCH No. 6, (hereinafter referred to as 'Tribunal' for short).

(3.) IN brief, the facts of the case are: Appellant No. 1 is the wife, appellant Nos. 2 and 3 are the children and appellant No. 4 is the father of the deceased. They filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 20,00,000/ - on account of death of Ramachandra Rao in the road traffic accident that occurred on 25.4.2002 at about 12 a.m. The deceased was riding a scooter on Nandi Durg road. Bangalore. At that time the driver of an Ambassador Car bearing registration No. MEU 163 came in a high speed in a rash and negligent manner and dashed against the deceased. Due to the impact, he fell down and sustained grievous injuries and was immediately shifted to Hosmat hospital for treatment. He survived for a period of 5 days. In spite of best medication, the deceased could not be saved and he succumbed to the injuries on 30.4.2002. Further, the case of the appellants is that the deceased was aged about 42 years and was a Proprietor of a Provision Store cum Book Stall. He had filed his income tax returns with income @ Rs. 14,000/ - 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 financial distress and their hopes and security are jeopardized. Therefore, they filed the claim petition against the respondents before the Tribunal. The Tribunal, in turn, after careful consideration of 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. 5,55,346/ - with interest @ 6% per annum from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.