R MANJULA Vs. MANAGER ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal by the claimants is directed against the impugned judgment and award dated 28th December 2004, passed in M.V.C. No. 3141/2003, by the Member, Motor Accident Claims Tribunal, II Additional Judge, Court of Small Causes, Bangalore City, (SCCH-13), (for short, Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 4, 14,000/- with 6% interest, awarded in favour of the claimants as against their claim for Rs. 28.00 lakhs, is inadequate.

(2.) The facts in brief are that the first appellant is the wife, appellants 2 and 3 are the minor children and appellants 4 and 5 are the parents of the deceased Sri. N. Anand Kumar. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 3:00 P.M, on 29-05-2003, the deceased was travelling in his TVS Super Moped from Yeshwanthpura to Yelahanka New Town Road and while he reached near a Garage at Attur Layout, a Private BMTC bus bearing No. KA -05/B-5918 driven by its driver, in a rash and negligent manner came and dashed against the TVS Super Moped, driven by the deceased. Due to the impact, the deceased sustained grievous injuries all over the body and succumbed to the same at the spot. The vehicle was also badly damaged. It is the further contention of the appellants that the deceased was aged about 28 years working as 'Helper cum Operator', drawing salary of Rs. 4,592/- per month and was hale and healthy before the accident.

(3.) On account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 28.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 28th December 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. 4,14,000/- under different heads, with 6% interest 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.