LAWS(KAR)-2010-11-123

NINGAMMA W/O LATE SWAM YGOWDA, SUDHE GOWDA S/O LATE SWAM YGOWDA AND PUSHPAVATHI D/O LATE SWAM YGOWDA, REP. BY MOTHER AND NATURAL GUARDIAN SMT. NINGAMMA Vs. SMT. SUNDARAMMA W/O S. SURESH AND ORIENTAL INSURANCE CO. LTD. REP BY REGIONAL MANAGER@RES

Decided On November 02, 2010
Ningamma W/O Late Swam Ygowda, Sudhe Gowda S/O Late Swam Ygowda And Pushpavathi D/O Late Swam Ygowda, Rep. By Mother And Natural Guardian Smt. Ningamma Appellant
V/S
Smt. Sundaramma W/O S. Suresh And Oriental Insurance Co. Ltd. Rep By Regional Manager@Res Respondents

JUDGEMENT

(1.) THOUGH this appeal is posted for orders, with the consent of learned Counsel for both sides, this matter is taken up for disposal.

(2.) THIS appeal arises out of impugned judgment and award dated 28.02.2004 passed in MVC No. 5168/2002 on the file of the XIII Additional Judge and Member, MACT, Court of Small Causes, Bangalore (SCCH -15) (hereinafter referred to as 'Tribunal' for brevity), The Tribunal by its impugned judgment and award awarded a sum of Rs. 2,90,000/ - with interest at 8% p.a. from the date of petition till the date of deposit on account of the death of Sri Swamy Gowda. Being aggrieved by the quantum of compensation awarded by the tribunal towards loss of love and affection, loss of estate and towards transportation and funeral expenses, the claimants felt necessitated to present this appeal for enhancement.

(3.) WE have heard the learned Counsel for the Appellants and the learned Counsel for the second Respondent -Insurance Company.