LAKSHMAMMA AND ORS Vs. SRINIVAS AND ORS

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 3rd April 2009 passed in MVC No. 4810/2008 by the XI Additional Judge, Court of Small Causes-12, Member, Motor Accident Claims Tribunal, Bangalore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,33,000.00 awarded in favour of the claimants as against their claim for Rs. 10,00,000.00, is inadequate.

(2.) The facts in brief are that, the claimant No.1 is the mother and claimant No.2 is the brother of deceased Srinivasa. They filed the claim petition under Sec. 166 of the Motor Vehicles Act, contending that, at about 7:00 P.M, on 07-02-2008, when the deceased was standing by the side of Road at Kempalinganahalli Cross, a Motor Cycle bearing No.KA-02/EK-1141, being driven by its driver at high speed, in a rash and negligent manner and dashed against the deceased.

(3.) It is the case of the appellants that, the deceased was aged about 54 years and was working as Coolie, earning a sum of Rs. 5,000.00 per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance and apart from social and moral support and therefore, they have to be compensated reasonably.