SYED SWALEHA SHAREEF Vs. GENERAL MANAGER

JUDGEMENT

(1.) BY the consent of both the parties, the matter is heard on merits.

(2.) THE appellants were claimants before the Tribunal. THEy filed claim petition under Section 166 of the Motor Vehicles Act seeking compensation for the death of their mother Smt.Jubedunnisa, who said to have died in the road traffic accident, which occurred on 07.07.2003. According to the claimants, the accident was due to the negligence on the part of the driver of the B.M.T.C. bus bearing registration No.KA- 25-F-760. THE respondent � B.M.T.C. contested the petition. On assessment of oral and documentary evidence, the Tribunal after answering the issue regarding actionable negligence in the affirmative in favour of the claimants, holding that Smt.Jubedunnisa died on account of the injuries sustained by her in the motor vehicle accident that occurred on 05.07.2003 due to the rash and negligent driving of the bus by its driver, quantified the compensation payable at Rs.78,000/- and directed the respondent to pay the said amount with interest at 6% per annum from the date of petition till the date of payment. Dissatisfied with the quantum of compensation, the claimants are in appeal before this Court. It appears, during the pendency of the claim petition, the 1st claimant who was the husband of the deceased also died.

(3.) HAVING regard to the above discussions, I am of the opinion that the compensation awarded by the Tribunal is just and proper, having regard to the facts and circumstances of the case and it does not call for enhancement by this Court. Therefore, there is no merit in this appeal. Accordingly, the appeal is dismissed.