GOVINDARAJ Vs. JEETHENDRA J. RATHOD

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 01.12.2018 passed in M.V.C. No.12/2018 on the file of the I Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal-V, Ballari (for short 'the Tribunal'), 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 same is heard finally and disposed of by this judgment.

(3.) The claimants are the parents and brother of the deceased C.Karthik. The claimants filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') seeking compensation for the death of C.Karthik in a road traffic accident that occurred on 02.10.2017. It is stated that on 02.10.2017 when C.Karthik was proceeding from Ballari to Bengaluru in Mahindra Scorpio bearing registration No.KA-03 MX-6116, a lorry bearing registration No.MH-26 H-6267, came from opposite side at high speed and in a rash and negligent manner and dashed to the Mahindra Scorpio vehicle, due to which the deceased sustained severe head injury and other injuries all over his body. Immediately, he was shifted to Government Hospital, Ramapura. Thereafter, he was shifted to VIMS Hospital, Bellari for better treatment, and from there he was shifted to South City Hospital, Bengaluru, in an ambulance for further treatment. He took treatment there for about four days and thereafter he was discharged from the said hospital. Again, he was shifted to VIMS Hospital, Ballari. Subsequently, C.Karthik succumbed to the injuries on 08.10.2017. It is stated that the deceased had completed his diploma course and was studying engineering course at Ballari Institute of Technology and Management, Ballari. He was aged abut 20 years as on the date of the accident.