K S GEETHA Vs. M V THIPPESWAMY

JUDGEMENT

(1.) This appeal by the claimants is directed against the impugned judgment and award dated 2nd September 2004, passed in M.V.C. No. 3156/2003, by the VII Addl. Judge, Member, Motor Accident Claims Tribunal-III, Court of Small Causes, Bangalore(SCCH-3), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.18,87,336/- awarded in favour of the claimants as against their claim for Rs.50.00 Lakhs, is inadequate.

(2.) The facts in brief are that, the claimants -Appellants 1 and 2 are respectively the wife and son of the deceased Late Sri. H.K. Shivaram. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 3:10 P.M, on 09-02-2003, the deceased Shivaram met with an accident, while he was going from T. Gollahalli gate towards Hariyabee in the Car bearing No. KA-16/3131, on account of rash and negligent driving by the driver of the offending Bus bearing No. KA-16/A-6116. Due to the impact, he sustained grievous injuries and succumbed to the same on the spot.

(3.) It is the case of the Appellants that, the deceased was aged about 46 years, working as Senior Lecturer in the Department of Botany at S. Nijalingappa College, Bangalore, drawing salary of Rs.16,576/- per month. It is their further case that he was the sole bread winner of the family and was contributing the entire sum towards the family requirements and on account of his untimely death, the family has become haywire, the wife has lost the life partner, the child has lost the love and affection of his father permanently and therefore, they have to be compensated reasonably.