EREGOWDA AND ANOTHER Vs. SHANTHA AND OTHERS

JUDGEMENT

(1.) This appeal by the claimants is directed against the common judgment and award dated 16th August 2008 passed in M.V.C. No. 1446/2004 on the file Of the Principal Civil Judge (Sr. Dn) and CJM, Motor Accident Claims Tribunal, Mandya, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of 2,07,000/- awarded in favour of the claimants as against their claim for 15,00,000/- is inadequate. The facts in brief are that, the claimants are the parents of the deceased Ningegowda. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 2:30 p.m., on 11th May, 2004, When the deceased alongwith others was walking on the left side of the road, near Honnenahalli, at that time, the driver of the Lorry bearing Registration No. CNT-7344 drove the said vehicle at high speed, in a rash and negligent manner and dashed against the deceased and others and due to the impact, the deceased Ningegowda succumbed to the injuries on the spot and others sustained injuries over their body.

(2.) It is the case of the appellants that, the deceased was working as an agriculturist in the lands owned by them, and earning a sum of 50,000/- to 1,00,000/- per annum and was hale and healthy prior to the accident. On account of the untimely death of the deceased Ningegowada, the appellants have lost the love and affection, social and moral support and also are in deep financial crisis and therefore, they have to be compensated reasonably.

(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 has come up for consideration before the Tribunal on 16th August, 2008. 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. 3,000/- and rightly deducted 50% towards the personal expenses of the deceased as the deceased was a bachelor. Thus, the compensation towards loss of dependency would work out to Rs. 2,34,000/- (i.e. 1,500/- x 12 x '13') as against Rs. 1,80,000/- awarded by Tribunal.