DEVARAJ A. E. Vs. EASHAWARAPPA

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 18.07.2016 passed in M.V.C. No.873 of 2015 on the file of the Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal, Ranebennur (for short 'the Tribunal'), and praying for enhancement of the compensation.

(2.) Even though the appeal is listed for Admission, with the consent of the learned counsel for the parties, the appeal is taken up for disposal.

(3.) The claimants are the husband and children of the deceased Chandana. The claimants filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') seeking compensation for the death of Chandana in a road traffic accident that occurred on 28.03.2015. It is contended that on 28.03.2015 when Chandana was proceeding as a pillion rider on the motorcycle bearing registration No.KA-15/Q-6159, the rider of the motorcycle drove the same in a rash and negligent manner, due to which the rider lost control over the vehicle and thereby the Chandana fell down and sustained grievous injuries. Immediately, she was shifted to the general hospital at Shikaripur for treatment and subsequently to Shimoga Hospital for higher treatment. During the course of the treatment, Chandana succumbed to the injuries. It is stated that the claimants spent Rs.1,00,000/- towards hospital charges and also incurred other incidental expenses. It is stated that the deceased Chandana was aged 28 years as on the date of the accident and she was doing tailoring and embroidery work, and was earning Rs.15,000/- per month.