(1.) THIS appeal is by the claimants seeking for enhancement of compensation for the death of their son, namely, Balaji in a motor accident that occurred on 15. 9. 1996. The Tribunal has awarded a compensation of Rs. 78,000 along with 6 per cent interest from the date of their claim till the date of payment.
(2.) THE finding of the Tribunal that the accident was due to rash and negligent driving of the car bearing No. TN 09-E 4575 has become final and is not disputed in this appeal.
(3.) THE appellants-claimants had sought for conversion of their claim petition filed under section 166 to one under section 163-A of the Motor Vehicles Act, 1988 by filing LA. No. 1 and the same had been allowed by this court on 3. 7. 2003 relying on the Full Bench judgment of this court in Guruanna Vadi v. General Manager, karnataka State Road Trans. Corpn. , 2001 ACJ 1528 (Karnataka ). Accordingly, the only question that arises for consideration in this appeal is as to whether the appellants are entitled to compensation as provided under section 163-A of Motor vehicles Act, 1988?