RATNAVVA, LAXMIBAI AND NINGAPPA Vs. VAMANAGOUDA AND THE MANAGER, ICICI LOMBARD MOTOR INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is arising out of the judgment and award dated 11 -02.2.011 passed in MVC. No. 750/2009 by the Senior Civil Judge and Member, MACT -VIII, Badami, (for short Tribunal') for enhancement of compensation, on the ground that a sum of Rs. 3,90,000/ - awarded by the Tribunal under different heads with interest at 6% p.a., from the date of petition till its realization, on account of the death of the deceased Sri. Mahadevappa in the road traffic accident is inadequate. In brief, the facts of the case are: The appellant No. 1 is the wife, appellant Nos. 2 and 3 are the children of the deceased Sri. Mahadevappa. They filed a claim petition before the Tribunal under Section 166 of M.V. Act claiming compensation against the respondents, on account of the death of the deceased in the accident that occurred on 12.5.2009 at about 5.40 p.m. near Tumbagi cross on Raichur -Belgaum road, when he was returning with paddy bags in a vehicle bearing No. KA.35.968.TR -08 -09 due to rash and negligent driving by its driver, the rear wheel was burst and due to which, deceased fell down and sustained grievous injuries. Immediately, he was shifted to government hospital, Ilkal and he succumbed to the injuries.

(2.) IT is the further case of the appellants that, deceased was aged about 38 years. He was hale and healthy prior to the accident and doing business in puffed rice (Churumuri) and earning Rs. 10,000/ - per month and he was the only bread earning member in the family. Due to his untimely death, appellant No. 1 has lost her husband and appellant Nos. 2 and 3 have lost their loving father in their early age and they have suffered financially and mentally and their live have become jeopardized.

(3.) WE have heard learned counsel appearing for appellants and learned counsel for second respondent -Insurer.