N BHARATHAMMA Vs. SYED MASOOD MATHEEN

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 23rd January 2010, passed in MVC No. 484/2009, by the IX Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal-7, Bangalore (SCCH-7), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,17,250/- awarded in favour of the claimants, after deducting 25% towards contributory negligence on the part of the deceased Ramakrishnappa, as against their claim for Rs. 15,00,000/-, is inadequate. The facts in brief are that, the claimants are the wife and three children of the deceased Ramakrishnappa. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 10:00 P.M., on 03-11-2008, when the deceased after completion of his Bar work went to diner, while crossing the road from west to east on Bellary road, at that time, a Car came on National High Way from South to North direction from Yelahanka side driven by its driver in a rash and negligent manner and dashed against the deceased. Due to the impact, the deceased fell down on the bonnet of the Car and in spite of the same, the driver of the said Car did not stop the vehicle at the accident spot. On account of the same, the deceased Ramakrishnappa died on the spot.

(2.) It is the case of the appellants that, the deceased was aged about 35 years and working at Bar and Restaurant, earning a sum of Rs. 10,000/- per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, it is their case that they have to be compensated reasonably.

(3.) On account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 23rd January, 2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 4,23,000/-, but after deducting 25% towards contributory negligence on the part of the deceased Ramakrishnappa, awarded a sum of Rs. 3,17,250/- under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal as also the contributory negligence fixed on the part of the deceased Ramakrishnappa, the appellants are in appeal before this Court, seeking enhancement of compensation and also to set aside the contributory negligence fixed on the part of the deceased Ramakrishnappa.