MOHAMMED GHOUSE, S/O JAMAL SAB AND OTHERS Vs. KENCHAPPA, S/O RANGAIAH AND THE MANAGER, ORIENTAL INSURANCE CO. LTD., BANGALORE

JUDGEMENT

(1.) LEARNED Counsel for the appellants submits that the Tribunal has not awarded adequate compensation towards loss of dependency, loss of love and affection, loss of expectancy of life, funeral expenses, conveyance expenses, loss of estate, loss of consortium and transportation expenses.

(2.) LEARNED Counsel for respondent No. 3/Insurance Company submits that there is no good ground for enhancement of compensation.

(3.) THE claimants are father, mother, three brothers and three sisters. They have filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 10,00,000/ - towards death of Aman, aged about 25 years, earning Rs. 10,000/ - per month as Mason Mestri. During the pendency of the claim petition, claimant No. 1/father of the deceased passed away. The mother of the deceased has got herself examined as P.W1 and got marked Exs.P1 to P13. Respondents have not adduced rebuttal evidence. Copy of insurance policy has been marked as Ex.R1. The Tribunal has answered issue No. 1 on the point of negligence in the affirmative. The Tribunal has awarded compensation in favour of the claimant as under: <FRM>JUDGEMENT_2362_TLKAR0_2011.html</FRM>