SHARADA Vs. DORESWAMY R

JUDGEMENT

(1.) THIS is claimants' appeal seeking enhancement of compensation arising out of the impugned judgment and award dated 7.9.2007, passed in M.V.C. No. 576 of 2005 on the file of the M.A.C.T. No. IV, Bijapur. The Tribunal, by its impugned judgment and award, awarded a sum of Rs. 5,22,728 with interest at 6 per cent per annum as against the claim for Rs. 23,80,000 on account of the death of the deceased in a road accident. Contending that the quantum of compensation awarded towards loss of dependency and other conventional heads is on the lower side and seeking enhancement of the same, the appellants presented this appeal.

(2.) THE brief facts of the case are that the appellant No. 1 is the wife, appellant No. 2 is the minor daughter and appellant Nos. 3 and 4 are the parents of the deceased. THEy have filed the claim petition under section 166 of the Motor Vehicles Act, claiming compensation of Rs. 23,80,000 on account of the death of the deceased that occurred on 24.4.2005 at about 8 p.m. when the deceased was proceeding by walk on the Lalithmahal-Police Bhavan Road in Mysore and when he was crossing the road at Lalithmahal-Police Bhavan Road, at a junction, in front of the Sports Club, all of a sudden a private bus bearing No. KA 10-7009 came in a rash and negligent manner and dashed against the deceased. Due to the said impact, he sustained grievous injuries. Immediately, he was shifted to the BGS Apollo Hospital, Mysore, but in spite of giving all medical aid, he could not be saved and the deceased succumbed to the injuries. It is the further case of the appellants that the deceased was a constable working in Police Department and drawing gross salary of Rs. 5,281 per month, he was aged about 26 years at the time of his death and had four dependants, who is the bread-earner and security to appellant Nos. 1 to 4 and they lost love and affection and security at the young age on account of the death of the deceased. THE said claim petition filed by claimants had come up for consideration before the Tribunal and the Tribunal, in turn, after appreciating the oral and documentary evidence on record and taking into consideration the age and occupation of the deceased, has allowed the claim petition in part, awarding a sum of Rs. 5,22,728 with interest at 6 per cent per annum from the date of petition till the date of realization. Contending that the quantum of compensation awarded is inadequate and it requires enhancement, the appellants herein felt necessitated to file the instant appeal, seeking the reliefs as stated supra.

(3.) AFTER careful consideration of the submissions made by the learned counsel for both the parties, the only point that arises for consideration is: Whether the quantum of compensation awarded by the Tribunal is just and reasonable?