LAKSHMI NARASAMMA W/O KRISHNAPPA Vs. SRI VEERA SHETTY S/O LATE RUDRAPPA AND THE REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) ADMIT .

(2.) THIS is a claimant's Appeal directed against the impugned judgment and award dated 10th of March 2005 passed in MVC No. 3409/2003 on the file of VII Addl. Judge, Member, Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate.

(3.) IN brief, the facts of the case are: The appellant, who is none other than the mother of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 10,00,000/ - on account of the death of the deceased -Sanjeevappa contending that at about 8.00 p.m., on 6.4.2003 near Jalappa Estate, Allipura, while the deceased was going on bicycle towards Alipura, a tractor bearing registration No. KA 04 T 397 -398 of respondent No. 1, came in a high speed in opposite direction and dashed against the vehicle, on account of which he fell down and sustained grievous injuries and succumbed to the injuries. It is the further case of the appellant that the deceased was aged about 25 years, a Coolie by profession and was earning Rs. 3,000/ - per month. The family has lost the sole bread winner in the family and on account of the fault of the driver of the tractor, she has lost her son. The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after carefully hearing both the sides and after assessing the oral and documentary evidence, has allowed the claim petition in part and awarded a sum of Rs. 1,73,000/ - with interest at 6% per annum from the date of Petition till the date of payment. Being aggrieved by the said judgment and award, the appellant has presented this Appeal seeking enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate.