N.GIRIJA Vs. PRUTHVIRAJ

JUDGEMENT

(1.) This appeal is preferred by the claimants, who are the wife and children of the deceased K.R.Raghavan assailing the judgment and award dtd. 06/09/2018, passed in MVC.No.1092/2016 on the file of the Senior Civil Judge & JMFC & Motor Accident Claims Tribunal, Nanjanagud (hereinafter referred to as "the Tribunal" for short) seeking enhancement of compensation, whereby the Tribunal has awarded total compensation of Rs.2,90,395.00 with interest at the rate of 6% p.a. from the date of petition till the date of realisation.

(2.) The claimants filed the claim petition MVC.No.1092/2016 seeking compensation of Rs.20,00,000.00 on account of death of one K.R.Raghavan, who died in a road traffic accident that occurred on 25/07/2014 at 6.15 p.m., when the deceased was proceeding on his scooter bearing registration No.KA-09/EU-3604 as a rider, from Nanjangud Town to Devinagar Extension. At that time, the rider of another unnumbered motorcycle Royal Enfield Bullet, which was subsequently numbered as KA-10/V-7555, came in a rash and negligent manner and dashed against the deceased's scooter, due to the impact of the accident, the deceased K.R.Raghavan was immediately shifted to JSS Hospital, Mysuru, wherein he succumbed to the injuries after two days.

(3.) It is the contention of the claimants that the deceased was hale and healthy at the time of accident and was aged about 70 years, he was a retired employee of Nestley Company and was drawing pension of Rs.14,000.00 per month and the claimants were depending upon the earning of the deceased. Hence, sought for enhancement compensation.