CHANDRESH ALIAS PRAKASH AND MASTER DAKSHIT M.C. Vs. SRI. M. VISHWANATH AND ROYAL SUNDARAM ALLIENCE INSURANCE CO. LTD., REP. BY ITS MANAGER

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is arising out of the common judgment and award dated 16/02/2010 passed in MVC No. 1311/2009, by the Judge and Member, Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as 'Tribunal' for short). By its judgment and award, the Tribunal has awarded a sum of 4,72,000/ - with interest at 6% p.a., from the date of petition till the date of deposit as against the claim made by the appellants for a sum of Rs. 40,00,000/ -, on account of the death of the deceased Smt. Jyothi in the road traffic accident.

(2.) THE brief facts of the case of the appellants are, that on 26.6.2008 at about 1.00 a.m., the deceased Smt. Jyothi along with her husband and son and other close relatives was traveling from Bangalore towards Sakaleshapura in a Car bearing No. KA.04.B.4056 on Bangalore -Mangalore road to attend a marriage, when they reached near Honnavalli village, Alur Taluk, Hassan District, at that time, the driver of the lorry bearing No. KA. 10.3440 came from opposite direction in a rash and negligent manner and dashed against the car. Due to which, deceased sustained injuries and succumbed to the same. It is the further case of the appellants that, deceased was aged about 22 years and she was hale and healthy prior to the accident. She was working as House Keeping HOD in Hotel Ramanashree Star Hotel, Bangalore and earning Rs. 2,16,000/ - p.a. and also doing tailoring work in free time and earning Rs. 15,000/ - per month. Therefore, appellants have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents.

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