RAM MOHAN B S Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This appeal by the claimants is directed against the impugned judgment and award dated 8.2.2007, passed in M.V.C. No. 2879 of 2005 by the Sixth Additional Judge, Court of Small Causes, Member, M.A.C.T., Metropolitan Area, Bangalore (SCCH-2), (for short, 'the Tribunal') for enhancement of compensation on the ground that the compensation of Rs. 9,67,500 awarded in favour of the claimants, after deducting for contributory negligence at 10 per cent on the part of the deceased, as against their claim for Rs. 95,00,000, is inadequate.

(2.) The facts in brief are that claimants-appellants are the parents of the deceased late Mahesh Koushik B.R. They filed the claim application under section 166 of the Motor Vehicles Act, contending that at about 2.20 p.m. on 21.2.2005, when the deceased Babu Rajendra Prasad alias B.R. Prasad along with his colleague was moving extremely on the left side of the road, near R.T. Nagar Mobile Police Station, a K.S.R.T.C. bus bearing No. KA 01-F 7695 dashed against the deceased. Due to the impact, he sustained grievous injuries and later succumbed to the same.

(3.) It is the case of the appellants that the deceased was aged about 27 years, working as Development Engineer at Epiance Software Pvt. Ltd., drawing salary of Rs. 34,000 per month and he was contributing the entire sum towards the family requirements and on account of his untimely death, the family has become haywire and they have lost the social and financial security and also the hopes and aspirations in life and are also deprived of seeing the future prospects of the deceased and, therefore, they have to be compensated reasonably.