UMA @ UJJINAMMA Vs. G RAMANUJAIAH

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 23rd September 2009, passed in MVC No. 5281/2007, by the XIX Additional Small Cause Judge 8B Motor Accident Claims Tribunal, Bangalore (SCCH-17), (for short, Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,93,000/- awarded in favour of the claimants as against their claim for Rs. 20,00,000/-, is inadequate. The facts in brief are that, the claimants are the wife and children of the deceased Honnashamaih. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 11:30 A.M. on 11-02-2007, when the deceased was proceeding on a Honda Unicorn Motor Cycle, bearing Registration No. KA-02/EK-4132, as pillion rider, to go to their native place towards Kunigal on NH-48, near Kempalinganahalli cross, he met with an accident on account of rash and negligent driving by the driver of another Motor bike bearing Registration No. KA-02/ER-4981. Due to the impact, the deceased fell down and sustained grievous injuries. Immediately, he was shifted to Sridi Sai Hospital, Bangalore and from there to Manipal Hospital and he died after three days of accident.

(2.) It is the case of the appellants that, the deceased was aged about 53 years and working as Supervisor at Pearl Insulations Pvt. Ltd., drawing salary of a sum of Rs. 14,000/- 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.

(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 September, 2009. 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. 4,93,000/- 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, the appellants are in appeal before this Court, seeking enhancement of compensation.