E BHADRAPPA S/O ERAPPA; JAYAMMA W/O BHADRAPPA; KAVITHA D/O BHADRAPPA Vs. K HANUMANTHAPPA, S/O KARIYAPPA; NATIONAL INSURANCE CO , LTD ; ABOOBEKAR S/O MOIDEEN KUNHI

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 27th May 2006 passed in MVC No. 333/2002 by the Additional District Judge & Motor Accident Claims Tribunal, Chikmagalur, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 1,37,000.00 awarded in favour of the claimants as against their claim for Rs. 5,00,000.00, is inadequate.

(2.) The facts in brief are that, the claimants are the parents of the deceased Eshwarappa. They filed the claim petition under Sec. 166 of the Motor Vehicles Act, contending that, at about 12:30 P.M, on 17-02- 2002, when the deceased was travelling in a Lorry bearing Registration No.KA-19/A-2656, as a Loader and un-loader, he met with an accident on account of rash and negligent driving by the driver of the said Lorry, on Lingadahally-Kemmannugundi Road, near Thirumala Coffee Estate. Due to the impact, the deceased sustained grievous injuries and succumbed to the same, on the spot.

(3.) It is the case of the appellants that, the deceased was aged about 22 years and working as a loader and un-loader in the offending Lorry, earning a sum of Rs. 80.00 per day or Rs. 2,400.00 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.