JAYAMMA @ LAKSHMAMMA, W/O. LATE THIMMEGOWDA Vs. K.R. NAGARAJU, S/O. K.C. RAJU, B. KATIHALLI KOPPALU, HASSAN TALUK AND THE NEW INDIA ASSURANCE CO., LTD., KRISHNA MANSION, MAIN BAZAR, HINDUPURA, ANANTHAPURA DISTRICT, REP. BY THE NEW INDIA ASSURANC

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 23rd January 2007, passed in MVC No. 355/2005, by the Additional Civil Judge(Sr. Dn), Member, Additional Motor Accident Claims Tribunal, Hassan, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 9,07,112/ - awarded in favour of the claimants as against their claim for Rs. 30,00,000/ -, is inadequate. The facts in brief are that, the claimants are the wife and major son of deceased Thimmegowda. They filed the claim petition under Section );">166 of the Motor Vehicles Act, contending that, at about 8:45 P.M, on 04 -11 -2004, when the deceased was returning from his office in his TVS Moped bearing No. KA -13/K -1319 on Salagame Road, in front of Sanjeevini Hospital, a Lorry bearing Registration No. KA -01/B -4507, came from behind the TVS, being driven by its driver at high speed, in a rash and negligent manner, dashed against the TVS. As a result of the same, the deceased sustained injuries over the head and all over the body. Immediately he was shifted to Sanjeevini Hospital, Hassan and thereafter to Manipal Hospital, Bangalore, where he was in -patient for a period of two months.

(2.) IT is the case of the appellants that, the deceased was aged about 57 years and working as Mastery at MESCAM, drawing monthly salary of a sum of Rs. 18,744/ - per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased, the claimants have lost the love and affection, social and financial support and therefore, they have to be compensated reasonably.

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