LAWS(KAR)-2012-7-133

LAKSHMANA ALIAS LAKSHMAPPA Vs. DINESH KUMAR MEHATHA

Decided On July 13, 2012
HANUMANTHARAYA Appellant
V/S
DINESH KUMAR MEHATHA Respondents

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 9th August 2007 passed in MVC No. 768/1997 by the Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Sira, (for short, 'Tribunal') for enhancement of compensation on Rs.57,800/- the ground that, the compensation of awarded in favour of the claimants as against their claim for Rs.2,90,000/-, is inadequate.

(2.) THE facts in brief are that, the claimant No.1 is the husband and claimant Nos.2 and 3 are the children of deceased Smt.Lakshmamma. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 8:00 A.M, on 08-03-1997, when the deceased was travelling in a Lorry Cabin bearing No.MES-6439, she met with an accident, when the Lorry came near Kuntegowdanahalli gate, NH-4, on account of rash and negligent driving by the driver of the another Lorry bearing registration No.TN-23/W- 2019. Due to the impact, the deceased sustained grievous injuries and she died on the spot.

(3.) I have gone through the grounds urged in the memorandum of appeal and heard the learned counsel appearing for the appellants and second respondent/Insurer, for quite some time.