NARAYANAPPA, N.N. BASAVARAJU AND RENUKAMMA Vs. DEPOT MANAGER, DIVISIONAL CONTROLLER AND THE MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 27th August 2011, passed in MVC No. 115/2010, by the Senior Civil Judge and JMFC., Member, Motor Accident Claims Tribunal, Arasikere, for enhancement of compensation on the ground that, the compensation of Rs. 3,50,000/ - awarded in favour of the claimants as against their claim for Rs. 31,30,000/ -, is inadequate. The facts in brief are that, claimants are the legal heirs of the deceased late Yellamma. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 1:00 P.M., on 20 -02 -2010, when the deceased Yellamma was getting down from the Bus bearing Registration No. KA -13/F -1262, she met with an accident, on account of rash and negligent driving by the driver of the said Bus. Due to the impact, the deceased fell down from the Bus and sustained grievous injuries and was immediately admitted to J.C. Hospital, Arsikere and thereafter to Nagabhushan Hospital, Arsikere and thereafter as on the advise of Doctor, shifted to SSM Hospital, Hassan and subsequently to NIMHANs, Bangalore. But, unfortunately, she succumbed to the injuries sustained in the road traffic accident, in spite of the best treatment on 21 -02 -2010.

(2.) IT is the case of the claimants that, the deceased was hale and healthy prior to the date of accident, which resulted in her death and on account of her untimely death, they have lost the source of income, apart from social and financial support permanently and therefore, they have to be compensated reasonably.

(3.) WE have heard the learned counsel appearing for claimants and the learned counsel for Corporation, for considerable length of time.