M.V. SHAILAJA Vs. K.R. SHARAVATHI, W/O. DR. S.K. SOMAHEKAR, MAJOR, BEHIND P AND T QUARTERS, SHANKARAPURAM, HASSAN. (OWNER OF THE VEHICLE), B.K. PRABHU, S/O. KEMPANNA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 27th February 2007, passed in MVC No. 684/2006(old No. 106/06), by the Presiding Officer, Fast Track Court -III, Motor Accident Claims Tribunal, Mysore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,81,000/ - awarded in favour of the claimants as against their claim for Rs. 46,03,000/ -, is inadequate. The facts in brief are that, the claimants are the wife and daughter of deceased Rathnavarma Hegde. They filed the claim petition under Section );">166 of the Motor Vehicles Act, contending that, between 7:00 and 7:30 P.M, on 03 -02 -2006, when the deceased was crossing the devaraja Urs Road, Mysore, after ensuring himself that there is no other vehicle passing on the main Road, of Nalapak Hotel, Near Mothi Ceramics Shop, the driver of the Motor Bike bearing Registration No. KA -13/K -8040 came at high speed, in a rash and negligent manner and dashed against the deceased and due to the impact, he sustained grievous injuries and immediately he was shifted to Appollo Hospital, Mysore, for treatment and unfortunately, he died on 04 -02 -2006 while under treatment.

(2.) IT is the case of the appellants that, the deceased was aged about 63 years and retired as Professor of Botany from Maharani Mahila Science College, drawing pension of a sum of Rs. 7,746/ - per month and commuted pension of Rs. 2,556/ - and reduced pension of Rs. 5,164/ - 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 moral support, apart from 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 third respondent/Insurer, for quite some time.