C. MALA Vs. G.K. GIRISHA

JUDGEMENT

(1.) The appellants are before this Court seeking enhancement of compensation that awarded by the Motor Accident Claims Tribunal at Bengaluru (SCCH No. 6) ('Tribunal' for short) in MVC No. 4275/2011 dated 04.12.2012.

(2.) On 30.03.2011, at about 10:45 a.m., when the deceased Thyagaraju was proceeding on a motorcycle from Ettakodi towards Chikkathirupathi near Aralikatte at Ettakodi Village, a Maruti Van came in a high speed in a rash and negligent manner from his opposite direction, hit his motorcycle and then hit the pedestrian Ramalingappa, who was walking on the left side of the footpath along with his son Ananda. Due to the impact of the said accident, Ramalingappa suffered severe head injury and his son Ananda sustained simple injuries. Thyagaraju suffered grievous injuries. They were shifted to Vydehi Hospital at Whitefield for treatment, where, Thyagaraju succumbed to the injuries at 4:45 p.m., on the same day. Ramalingappa was treated as an inpatient in Vydehi Hospital from 30.03.2011 to 10.04.2011, thereafter to Raghava Children and General Hospital at Attibele from 11.04.2011 to 16.04.2011 and thereafter discharged.

(3.) MVC No. 4275/2011, from which, the above appeal arises is in respect of the death of Thyagaraju. The appellants are his wife, two minor children and mother i.e., to say he is survived by four dependants. The appellants are before this Court contending that the compensation awarded by the Tribunal is improper and incorrect, the same is required to be enhanced. The applicable guidelines of the Apex Court in various matters have not been followed and the income of the deceased has not been taken into consideration in a proper manner.