SENDHYANAIKA Vs. H SIKANDHAR

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 8th January 2008 passed in MVC No.1115/2006, by the Civil Judge(Sr.Dn) and Additional Motor Accident Claims Tribunal, Sira, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.1,94,700/- awarded in favour of the claimants, after deducting 50% towards contributory negligence on the part of the deceased, as against their claim for Rs.10.00 Lakhs, is inadequate.

(2.) THE facts in brief are that, the claimants No.1 and 2 are the parents, claimant No. 3 is the wife, and claimant Nos.4 to 6 are the children of the deceased Late Venkatanaika. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 10:00 A.M, on 12-06-2006, when the deceased was travelling in D.H.K. Bus bearing No.KA-20/8609 on the top of the bus, as per the directions of the conductor as paid passenger, he met with an accident on account of the rash and negligent driving by the driver of the said bus, near Jelli Crusher on Sira-Bukkapatna road. Due to the impact, he sustained grievous injuries and was immediately shifted to Community Health Centre, Sira, but, unfortunately, in spite of giving best treatment, he succumbed to death on account of the said injuries, on the same day.

(3.) I have heard learned counsel for appellants and learned counsel appearing for second respondent / Insurer, for quite some time.