V. SUSHEELA, W/O. A. ANTHONI RAJ, PHILOMINA, W/O. LATE R. RAJ AND A. STEPHEN (MINOR), S/O. LATE A. ANTHONI RAJ, REPRESENTED BY SMT. PHILOMINA Vs. ORIENTAL INSURANCE CO. LTD. BY ITS MANAGER AND AMANATH MOTORS OWNER CO-OPERATIVE SOCIETY LTD.@RESPO

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 8th December 2006, passed in M.V.C. No. 876/2005, by the 18th Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore City, (SCCH -4), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,14,000/ - awarded in favour of the claimants as against their claim for Rs. 10.00 Lakhs, is inadequate.

(2.) THE facts in brief are that, the claimants Appellants were the wife, mother and son of the deceased Late A. Anthoni Raj. But, the Appellant No. 1 wife of the deceased has been given up and deleted before the Trial Court, as no more. The claimants filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 7:30 P.M, on 15 -10 -2004, when the deceased was travelling in an auto rickshaw, he met with an accident on account of rash and negligent driving by the driver of a BMTC Bus bearing No. KA -05/B -6197 and due to the injuries sustained in the said accident, he succumbed to the same.

(3.) ON account of the death of the deceased, the Appellants 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 8th December 2006. 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. 4,14,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellants are in appeal before this Court, seeking enhancement of compensation.