LAKSHMIDEVI Vs. DEVAMMA

JUDGEMENT

(1.) This appeal by the appellants-claimants is directed against the impugned judgment and award dtd. 04/02/2014, passed in MVC No.188/2010, by the Senior Civil Judge, Member, Additional Motor Accident Claims Tribunal, Hiriyur, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that, a sum of Rs.7,58,000.00 awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till realization, as against the claim Rs.19,20,000.00, on account of the death of the deceased Sri. Kumara, in the road traffic accident is inadequate.

(2.) In brief, the facts of the case are: The appellants are the wife, children, parents and brother of the deceased. They filed a claim petition before the Tribunal under Sec. 166 of M.V. Act, claiming compensation against the owner, policy holder and insurer of the offending vehicle, on account of the death of the deceased in the road traffic accident, contending that, on 12/4/2010 at about 1.30 a.m. the deceased Kumara and his friends were traveling in a Maruthi Omni bearing Reg.No.KA.13.Z.2739 from Alur village to go to Dharmasthala and when they came near Mailanahalli gate on NH 206 road i.e. Tiptur-Arasikere road, the driver of the said vehicle drove the same in a rash and negligent manner and toppled the same. Due to which, deceased and others sustained injuries. Immediately, deceased was shifted to Government Hospital, Tiptur and then as per the advice of the Doctor he was shifted to NIMHANS Hospital, Bangalore, where he died at 4.30 p.m. on the same day.

(3.) It is the further case of the appellants that, deceased was aged about 31 years, hale and healthy prior to the accident and working as driver and earning Rs.10,000.00 per month and also doing agricultural work and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.