MYTHILY RAMASWAMY, W/O. LATE DR. ANIL KUMAR Vs. THE DIVISIONAL MANAGER, BANGALORE METROPOLITAN TRANSPORT CORPORATION, K.H. ROAD, BANGALORE-27, THE CHAIRMAN, MS. AMANATH MOTOR CO-OPERATIVE SOCIETY LTD., NO. 43, HOSPITAL ROAD, SHIVAJINAGAR, BANGAL

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 24th March 2007, passed in MVC No. 211/2003, by the VI Additional Small Causes Judge, Motor Accident Claims Tribunal, Bangalore (SCCH -2), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 9,25,000/ - awarded in favour of the claimants as against their claim for Rs. 55,00,000/ -, is inadequate. The facts in brief are that, the claimants are the wife, minor daughter and father of deceased Dr. Anil Kumar. They filed the claim petition under Section );">166 of the Motor Vehicles Act, contending that, at about 3:30 P.M, on 02 -11 -2002, when the deceased was riding a Kinetic Honda bearing Registration No. KA -04/Q -6498, at that time, a BMTC Bus bearing No. KA -04/A -3570 came from the same direction, at a high speed, in a rash and negligent manner and dashed against the Kinetic Honda. Due to the impact, the deceased fell down and sustained grievous injuries and later succumbed to the same.

(2.) IT is the case of the appellants that, the deceased was aged about 51 years and working as professor, drawing salary of a sum of Rs. 3,68,954/ - per annum and 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 security 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.