BASAVALINGAMMA, W/O. LATE DURUGAPPA AND OTHERS Vs. THE MANAGING DIRECTOR, B.M.T.C., K.H. ROAD, SHANTHINAGAR, BANGALORE-27 AND DIVISIONAL MANAGER, M/S. UNITED INDIA INSURANCE COMPANY LTD., NO. 19/1, SOUTH END ROAD, 2ND FLOOR, BASAVANAGUDI, BANGAL

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 23rd December 2008, passed in MVC No. 6185/2007, by the XII Additional Judge, Court of Small Causes, Motor Accident Claims Tribunal, Bangalore (SCCH -8), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,28,000/ - awarded in favour of the claimants as against their claim for Rs. 10,00,000/ -, is inadequate. The facts in brief are that, the claimant No. 1 is the wife and claimant Nos. 2 and 3 are the minor children and claimants 4 and 5 are the parents of deceased Durugappa. They filed the claim petition under Section );">166 of the Motor Vehicles Act, contending that, at about 8:45 P.M., on 07 -07 -2007, when the deceased was standing near the Tanker which was standing near a bridge at Arkavati, of Makalai Nelamangala Taluk, on the road due to exhaust of diesel and when the driver was filling the diesel, the driver of the of the offending vehicle, the BMTC bus bearing Registration No. KA -01/F -7866 being driven by its driver in a rash and negligent manner, dashed against the Tanker from its behind and as such the tanker moved further and dashed against the deceased, who was standing in front of it and he died on the way to the Hospital.

(2.) IT is the case of the appellants that, the deceased was aged about 26 years and was working in a Cement Godown, 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, the first appellant has lost her life partner, the children have lost the love and affection, inspiration and guidance and all the claimants have lost the social and moral support and therefore, they have to be compensated reasonably.

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