MANGALAMMA @ MANGALAGOWRAMMA, W/O. LATE MARIYAPPA AND OTHERS Vs. THE ORIENTAL INSURANCE COMPANY LTD. AND N.T. RHAMATHULLA KHAN, ASSOCIATES

JUDGEMENT

(1.) THOUGH this matter is listed for admission with consent of the learned Counsel for the respective parties and as the records have also been received, it is taken up for final disposal.

(2.) THIS appeal is by the claimants seeking for enhancement of compensation on account of the death of the deceased Mariyappa in a motor accident.

(3.) THE brief facts of the case are: The Appellants/claimants are the wife, son, daughter and parents of the deceased Mariyappa. According to them, the deceased Mariyappa was aged about 48 years, working as Jamedhar in Vidhana Soudha, drawing salary of Rs. 11,430/ - per month. He was hale and healthy as on the date of the accident. On 16.04.2007 at about 2.45 p.m. when deceased was travelling in the tractor bearing Reg. No. KA -02/T -2161 infront of CM Hotel situated on Kunigal -Bangalore Road, a bus bearing No. Ka.52 -686 driven by its driver at a high speed in a rash and negligent manner came and dashed against the tractor from its behind, due to which the deceased fell down and was ran over by the bus, on account of which he sustained severe injuries and succumbed to the same in the hospital while undergoing treatment, The deceased was their sole bread earner. They were entirely depending on his income for their survival. They have no other source of income. On account of untimely death of the deceased in the accident, they have been subjected to deep mental shock and agony. Hence, on all these grounds they filed the claim petition under Section 166 of M.V. Act against the Respondents claiming compensation in a sum of Rs. 18,00,000/ -.