BHAGYALAKSHMI Vs. MAHANTAYYA

JUDGEMENT

(1.) The claimants/appellants are before this Court in this appeal not being satisfied with the quantum of compensation awarded under the judgment and award dated 04.09.2012 in M.V.C. No.493 of 2012 on the file of the Motor Accident Claims Tribunal-IX, Bellary (for short 'the Tribunal'), and praying for enhancement of the compensation.

(2.) Brief facts of the case are that the claimants, who are the wife, children and parents of deceased M.Raghavendra Rao, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') seeking compensation for the death of M.Raghavendra Rao. It is contended that on 06.05.2012, at about 4.30 p.m., when M.Raghavendra Rao, along with one Shivashankar, was riding his motor cycle bearing registration No.KA-35/L-1343, a tempo trax cruiser bearing registration No.KA-36/M-3442 came in a rash and negligent manner and dashed to the motor cycle. As a result of the said accident, both the rider and the pillion rider sustained grievous injuries and succumbed to the same on the spot. It is contended that the deceased was working as a Wheel loader operator-cummechanic in Baldota Company and was earning Rs.10,000/- per month. The deceased was aged 28 years as on the date of the accident.

(3.) The Tribunal, on assessing the material on record, awarded a total compensation of Rs.9,24,900/- with interest at the rate of 6% per annum on the following heads: