LAKSHMAMMA Vs. H T KRISHNA

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 9th July 2010, passed in MVC No.1850/2009, by the Presiding Officer, Fast Track Court, Motor Accident Claims Tribunal, Holenarasipura, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,86,000/- awarded in favour of the claimants as against their claim for Rs. 20,00,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the wife, four sons and two daughters of the deceased Giddegowda. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 6:00 A.M, on 10-05-2009, near Paduvalahippe at Holenarasipura-Paduvalahippe Main Road, when the deceased was coming by walk from his garden land to the village side of Kallikoppalu on public road by following road traffic rules, at that time, a rider of Motor cycle bearing Registration No.KA-13/K-1392 being ridden by its rider in a rash and negligent manner, dashed against the deceased Giddegowda, as a result of which, he sustained accidental grievous injuries on his vital parts of the body and thereafter he succumbed the same at the spot itself.

(3.) It is the case of the appellants that, the deceased was aged about 47 years and doing agriculture and also coconut business, earning a sum of Rs. 1,00,000/- to Rs. 2,00,000/- per annum 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, they have to be compensated reasonably.