FLORA GEORGE Vs. UMA SHANKAR PRATHAP

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel on both sides, it is heard finally.

(2.) The claimants in MVC No.6012/2013 have preferred this appeal seeking enhancement of compensation being aggrieved by the inadequate of compensation awarded by the Motor Accidents Claims Tribunal, Bengaluru, by judgment and award dated 13.10.2015 [hereinafter, it is referred to as the 'Tribunal' for the sake of brevity].

(3.) The appellants/claimants had filed the claim petition before the Tribunal u/s.166 of the Motor Vehicles Act, 1988 [hereinafter, referred to as the 'Act' for the sake of brevity], seeking compensation of Rs.50,00,000/- on account of the death of George Christopher @ Williams George Christopher S/o. Williams Kumaraswamy, in a road traffic accident. According to the claimants/appellants, George Christopher died on 18.07.2013 at about 10.15 a.m., when he was traveling on Bajaj Chethak two wheeler scooter bearing Regn. No.KA-03/EF-3400 towards BEL Circle from Hebbal Circle. At that time, the driver of a Car bearing Regn. No.KA-03/MP-7603 came in a rash and negligent manner, over took the scooter from the left side and dashed against the hind portion of the scooter. As a result, George Christopher, fell down and sustained grievous injuries. He was admitted to the nearest Baptist Hospital in Bellary Road, Bengaluru, where the doctor at the time of admission noticed that he had sustained head injury with left ear bleeding, large right front parietal subdurable haematoma with 12 mm midline shift, left clavicular fracture, multiple cranial and facial bone fractures and he was an inpatient from 18.07.2013 to 24.09.2013 for about two months. He died due to cardio respiratory failure on account of coma consequent to a head injury. The appellants contended that George Christopher was hale and healthy and he was working as a Manager in a Company called Gandhi Cranes and earning a handsome salary, out of which, he was maintaining his family. His legal representatives and dependents, being his widow and children, filed the claim petition seeking compensation on account of the death of George Christopher. The Hebbal Traffic Police had also registered a case against the driver of the Car in Crime No.80/2013. Hence, the claimants contended that George Christopher had died due to the negligence on the part of the driver of the said car and therefore, they were entitled to compensation.