SHANKARANARAYANA BHAT AND SMT. BHAGYALAKSHMI Vs. SANTOSH, H.S. MAHESH AND ORIENTAL INSURANCE COMPANY LTD., BY ITS BRANCH MANAGER

JUDGEMENT

(1.) THIS appeal preferred by the claimants is directed against the judgment and award dated 4.1.2011 passed in MVC No. 104/2008 by the Principal Senior Civil Judge and Motor Accident Claims Tribunal -4, Shimoga (hereinafter referred to as 'Tribunal' for short). By its judgment and award, the Tribunal has awarded a sum of Rs. 3,56,000/ - with interest at 6% p.a., from the date of petition till its realization as against the claim made by the claimants, on account of the death of Praveen Kumar in the road traffic accident. Aggrieved by the said judgment and award of the Tribunal, the appellant -claimants have preferred this appeal seeking enhancement of compensation.

(2.) BRIEF facts of the case are that, the appellants filed the claim petition under Section 166 of the MV Act seeking compensation of Rs. 25,40,000/ - from the respondents in respect of death of their son Praveen Kumar in the road traffic accident said to have been taken place on 3.5.2008. On that day, the deceased left his house and proceeded towards Koppa on his motor cycle bearing registration No. KA 14/17439 in order to distribute marriage invitation cards to his relatives and at about 11.45 p.m., when he was moving with moderate speed near Sivapura village on N.H. 13, the 1st respondent being the driver of the lorry bearing registration No. KA -18/8813 came from the opposite direction in a rash and negligent manner and dashed against the motor cycle of the deceased. Due to the impact the deceased sustained injuries and succumbed to injuries on the way to hospital.

(3.) WE have heard the arguments of the learned Counsel appearing for the appellant -claimants and also the learned Counsel for the respondent - insurance company.