SHASHIKALA Vs. P RAMU S/O RANGANATHAPPA

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 16th April 2010, passed in MVC No.419/2009, by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Sira, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,67,000/- 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, minor children and mother of the deceased Basavaraju. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 8:30 P.M, on 06-01-2009, when the deceased was travelling in a Motor Cycle, bearing Registration No.KA- 06/EB-7677, from Kadavigere towards their village, at that time, a Lorry, bearing Registration No.KA-01/B- 7755, being driven by its driver in a rash and negligent manner, came from Chelur side and dashed against the motor cycle of deceased. Due to the impact, the deceased fell down and sustained injuries. Immediately, he was shifted to Government Hospital, Sira.

(3.) It is the case of the appellants that, the deceased was aged about 40 years and doing agriculture and also blacksmith work, earning a sum of Rs. 8,000/- 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, they have to be compensated reasonably.