NARASIMHA NAYAK Vs. KOUNISH NAIDU

JUDGEMENT

(1.) This appeal is filed by the appellant against the judgment and award dated 30th November, 2016 passed in MVC No.5073 of 2014 on the file of the XXI Additional Small Causes Judge and the Motor Accident Claims Tribunal, Bengaluru (for short, hereinafter referred to as 'Tribunal'), seeking enhancement of compensation.

(2.) For the sake of convenience, the parties in this appeal are referred to as per their status before the Tribunal.

(3.) The brief facts of the case are that on 13th September, 2014 at 3.15 pm, deceased-Smt. Revati Shenoy was crossing the road near Lotus Labs Private Limited, BDA Complex, Koramangala, and at that time, the rider of Honda Activa vehicle bearing registration No.KA-01-F-3641 belonging to the second respondent herein, dashed to the deceased and as a result of which, Revati Shenoy fell down and sustained head injury and immediately she was taken to St. John's Medical College Hospital, Bangalore and she succumbed to injuries on 15th September, 2014. Pursuant to the same, Adugodi Police have registered Crime No.68 of 2014 for the offences punishable under Section 3(1) , 181 , 5(1) , 180 of the Motor Vehicles Act read with Section 279 , 304(A) of the Indian Penal Code against the rider of the vehicle. The claimants have averred that the deceased was working as Deputy Manager at Lotus Labs Pvt. Ltd. and she was earning Rs.38,737/- per month and she was aged about 44 years as on the date of her death and claimants are facing mental shock, agony and as such, have filed claim petition before the Tribunal seeking compensation of Rs.59,37,355/- from the respondents.