GURUMURTHY S/O LATE RAMAPPA, SRI. LAKSHMAIAH, S/O LATE RAMAPPA AND SMT. SHANTHAMMA W/O LATE RAMAKRISHNAPPA Vs. MR RAVI TEJA NAIDU S/O MUNISWAMY NAIDU AND THE GENERAL MANAGER, M/S UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal by the claimants is directed against the common impugned judgment and award dated 29.12.2010 passed in MVC No. 104/2009 by MACT, Kolar seeking for enhancement of compensation in respect of the death of the deceased Smt.Venkatalakshmamma who died in a motor accident.

(2.) THE claimants are the sons and daughter of the deceased Venkatalakshmamma. According to them the deceased was aged about 49 years a coolie by occupation earning more than Rs. 5,000/ - p.m. On the date of accident, the deceased was proceeding as a pillion rider in the motor cycle bearing No.KA -41 -J -5669. When the said motor cycle was near Thimmanayakanahalli village located on Mulbagal road, the Tractor Trailer bearing Regn.No.KA -07/T -8974 and KA -07 -8975 owned by the first respondent insured with the second respondent at the relevant point of time driven by its driver at a high speed in a rash and negligent manner came and dashed against the motor cycle in which the deceased was proceeding as a pillion rider. On account of the impact, the rider and the deceased fell down, sustained injuries and succumbed to the same at, the spot. The deceased was their sole bread -earner and they were entirely depending on her. On account of the untimely death, they have lost their source of income. Accordingly, they prayed for grant of compensation iron: the respondents who are the owner and insurer of the offending Tractor -Trailer involved in the accident.

(3.) ON hearing the learned Counsel appearing for the appellant and the papers made available to me, the point that arises for our consideration is: Whether the appellants -claimants have made out a case for enhancement?