RATHNAMMA & ORS. Vs. PHAHIDAKHATHOON & ANR.

JUDGEMENT

(1.) Though this matter is posted for Admission, with the consent of the learned counsel for the parties, the same is taken up for final disposal.

(2.) This appeal by the claimants is directed against the judgment and award dated 5th Feb., 2009, passed in M.V.C. No.190/2008 (248/2006), by the Civil Judge (Sr.Dn.) and Motor Accident Claims Tribunal, Arkalgud, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,55,000.00 awarded in favour of the claimants as against their claim for Rs. 12.00 Lakhs is inadequate.

(3.) The facts in brief are that, the claimants No. 1 is the wife and claimant Nos. 2 to 5 are the children of the deceased Late Doddaiah. They filed the claim petition under Sec. 166 of the Motor Vehicles Act, contending that, at about 07:00 p.m. on 23-02-2006, when the deceased had been to Keregodi village on his domestic work and while he was proceeding with others on tank bund at Konanur, at that time, he met with an accident on account of the rash and negligent driving by the driver of Tractor and Trailer bearing No.KA-13/T-882 and T-883. Due to the impact, he sustained grievous injuries and was immediately shifted to Konanur Hospital and Government Hospital at Hassan for treatment, but, in spite of giving best treatment, he succumbed to death, after three days of treatment.