MARIYAMMA Vs. SUYAMBULINGAM V.

JUDGEMENT

(1.) Aggrieved by the judgment and award passed in MVC No.176/2012 on 18/8/2014 by the learned XVI Additional Judge, Court of Small Causes and Member, MACT, Bangalore City, SCCH 14, the appellants/ petitioners have approached this Court in appeal, assailing the quantum of the compensation. By the impugned judgment and award, the Tribunal has awarded a sum of Rs.4,02,000.00 after deducting 20% towards contributory negligence on the part of the deceased, together with interest at 9% p.a. from the date of petition till realization.

(2.) For the sake of convenience, the parties herein are referred to as per their ranks before the Tribunal.

(3.) The brief facts of the case are as below: The petitioners filed a claim petition under Sec. 166 of M.V. Act, claiming compensation of Rs.20,00,000.00 on account of the death of one Sudhakar in a road traffic accident that occurred on 10/7/2011 at 1.30 p.m. It was contended by the petitioners that, they were the grandmother, sister and brother of the deceased Sudhakar and he was riding a motorcycle bearing No.KA- 02- EQ- 6051 on the National Highway No.7, Hosur- Bengaluru main road in front of Balegarana Halli Gate, Athibele Hobli, Anekal Taluk, along with the pillion rider Nagesh. When they were crossing the road, a car bearing No. TN-74-P-7234 came at high speed in a rash and negligent manner and dashed against the motorcycle of the deceased and as a result, Sudhakar sustained injuries to his head and legs and he was taken to Sparsh hospital, Hosur Road, Bangalore, wherein he took treatment and thereafter, he died on 22/7/2011 while shifting to Live 100 hospital Bangalore on account of the injuries sustained in the accident and petitioners have spent more than Rs.2,00,000.00 towards transportation of the body and funeral expenses. It was contended that prior to the accident, deceased Sudhakar was working as a loader and unloader and doing the coolie work and earning Rs.8,000.00 per month. Due to the sudden death of the deceased, the petitioners have lost love and affection and their livelihood as they lost the only earning member of the family. Subsequent to the accident, the police have registered a case against the driver of the car in Crime No. 173/2011 for the offences punishable under Sec. 279, 338 and 304 (A) of IPC. It is contended that the respondents being the owner and insurer of the offending vehicle are liable to pay the compensation of Rs.20,00,000.00.