JAYAMMA TUMKUR DISTRICT Vs. RIZVAN BANGALORE DISTRICT

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 11th September 2007, passed in MVC No. 585/2000, by the Civil Judge (Sr.Dn) and JMFC, Additional Motor Accident Claims Tribunal, Madhugiri, (for short. Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.1,55,000/- awarded in favor of the claimants as against their claim for Rs. 5,00,000/-, is inadequate. The facts in brief are that, the claimant No. 1 is the wife and claimant Nos. 2 to 4 are children of deceased Siddappa. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 11:15 A.M, on 18-05-2000, when the deceased was sitting on the top of the bus with bundles of Hay along with two other persons, he met with an accident, near Bychapura village, on Koratagere Gowribidanur Road, on account of rash and negligent driving by the driver of the Bus, bearing registration No. TN-39/9266. Due to the impact, the deceased sustained grievous injuries and he was immediately shifted to Government Hospital, Koratagere and thereafter to NIMHANS Hospital, Bangalore. But, unfortunately, he succumbed to the injuries, while under treatment in the said Hospital.

(2.) It is the case of the appellants that, the deceased was aged about 45 years and was working as a Mason and also doing milk vending business, earning a sum of Rs.6,000/- per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased Siddappa, the first appellant has lost her life partner, the children have lost the love and affection, social and moral support 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 had come up for consideration before the Tribunal on 11th September, 2007. 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.1.55,000/- under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.