ALICE VARKEY, W/O. LATE M.M. VARKEY Vs. UNITED INDIA INSURANCE CO., LTD., MS. S. DEEPIKA, D/O. SUKUMAR, VINOD VARKEY S/O. LATE M.M. VARKEY AND MISS. VIDHU VARKEY D/O. LATE M.M. VARKEY

JUDGEMENT

(1.) THIS appeal is filed by one of claimants challenging the impugned judgment and award dated 4th March 2005, passed in M.V.C. No. 3678/2003, by the XIX Additional SCJ and Motor Accident Claims Tribunal, Bangalore (SCCH -17). (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,81,000/ - awarded as against their claim for Rs. 16.00 lakhs, is inadequate.

(2.) THE facts in brief are that, the Appellant being the wife of the deceased Late Sri. M.M. Varkey, and their children, who are Respondents 3 and 4 herein had filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 3:30 P.M. on 17 -05 -2003, the deceased M.M. Varkey was proceeding on his bicycle to his house after completing his duty from Airforce Training College, Jalahalli West. When the bicycle was moving on the extreme left side of S.M. Road, near Fathima Church, a car bearing No. KA -04/P -4733 being driven by its driver, in a rash and negligent manner, came from behind and dashed against the bicycle of the deceased. Due to the impact, the deceased sustained grievous injuries and succumbed to the same in Command Hospital at 6:45 A.M. on the same day.

(3.) ON account of the death of the deceased in the accident, the Appellant and her two children, who are Respondents 3 and 4 herein, filed the claim petition before the Tribunal seeking compensation of a sum of Rs. 16.00 lakhs against the Respondents 1 and 2 herein. The said claim petition had come up for consideration before the Tribunal on 4th March 2005. 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. 5,81,000/ - with interest at 6% per annum from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by the Tribunal, on the ground that the same is inadequate, the Appellant is in appeal before this Court, seeking enhancement of compensation.