VENKATALAKSHMAMMA AND ORS Vs. RAMESH AND ORS

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 3rd April 2009, passed in M.V.C.No.6110/2007, by the XIV Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Bangalore (SCCH-10), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,13,000.00 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 wife and claimant Nos.2 to 4 are the major sons of deceased Krishnappa. They filed the claim petition under Sec. 166 of the Motor Vehicles Act, contending that, at about 7:45 P.M, on 29-07-2007, when the deceased was walking at Kodihalli bus stand on Malur- Lakkur road on the footpath, a Tractor and Trailer bearing Registration bearing No.KA-08/T-2021 and KA- 08/T-2022 respectively came at high speed in a rash and negligent manner and dashed against the deceased and the tractor ran over him by causing crush injuries, resulting in the spot death of the deceased.

(3.) It is the case of the appellants that, the deceased was aged about 50 years and was working as a Barber, earning a sum of Rs. 6,000.00 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 sons 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.