LAWS(KAR)-2011-3-321

KANNAMMA, W/O. VEERASWAMY Vs. NEW INDIA ASSURANCE CO. LTD. BY ITS MANAGER AND MR. CHANDRA KUMAR, S/O. MAILAPPA

Decided On March 29, 2011
Kannamma, W/O. Veeraswamy Appellant
V/S
New India Assurance Co. Ltd. By Its Manager And Mr. Chandra Kumar, S/O. Mailappa Respondents

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 19th March 2008, passed in M.V.C. No. 3398/2006, by the IV Addl. Judge. Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore, (SCCH -6), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,92,500/ - awarded in favour of the claimant as againsi her claim for Rs. 07.50 Lakhs, is inadequate.

(2.) THE facts in brief are that, the claimant Appellant is the mother of the deceased Late Murugesh V @ Gopal. She filed the claim petition under Section 163 -A of the Motor Vehicles Act, contending that, at about 11:45 A.M. on 26 -04 -2006, when the deceased was travelling as a pillion rider on Motor Cycle bearing No. KA -03/U -9052 ridden by its rider, slowly and cautiously, he met with an accident on account of rash and negligent driving by the driver of a Lorry bearing No. KA -13/4433 and due to the injuries sustained m the said accident, he succumbed to the same on the spot.

(3.) ON account of the death of the deceased, the Appellant filed the claim petition before the Tribunal, seeking compensation against the Respondents. The said claim petition had come up for consideration before the Tribunal on 19th March 2008. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 2,92,500/ - under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellant is in appeal before this Court, seeking enhancement of compensation.