BYYAMMA Vs. R BABU SAHEB

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 21st April 2005, passed in M.V.C.No.7/2000, on the file of the Civil Judge (Senior Division) & JMFC & Member Additional. Motor Accident Claims Tribunal, Chickballapur, (for short, Tribunal) for enhancement of compensation on the ground that, the compensation of Rs.2,97,000/- awarded in favour of the claimants as against their claim for Rs.18.00 lakhs, is inadequate.

(2.) The first appellant is the wife, second appellant is son and third appellant is the father of deceased late Sri. N. Krishnamurthy, who died in the road traffic accident that occurred at about 3:30 P.M., on 13.11.1999. It is the case of appellants that the deceased was aged about 50 years and an agriculturist, milk vendor and also doing sericulture. He was owning wet net and was a progressive agriculturist, growing sugarcane, paddy, aracanut and other crops. He was the only bread winner of the family. It is their further case that, on account of the death of the deceased, they have lost the sole bread winner of the family and are in great distress.

(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.18.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 21st April 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.2,97,000/- with 6% interest from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.