HANUMAKKA, SRI. SHIVANANDA AND SRI. NATARAJA Vs. ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER AND SHRI B.K. LOKESH

JUDGEMENT

(1.) THIS appeal is by the claimants against the common judgment and award dated 14.07.2010 passed in MVC No. 280/2009 on the file of the XVI Addl. Judge, Motor Vehicles Accident Claims Tribunal, Bangalore City (SCCH -14). The Tribunal by its impugned judgment and award has awarded a sum of Rs. 4,40,000/ - with interest at 6% p.a. from the date of petition till its realization, on account of the death of deceased Ramachandrappa in the road traffic accident. The claimants on the ground that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement, have presented this appeal.

(2.) THE brief facts of the case on hand are, appellant No. 1 is the mother and appellants 2 and 3 are the children of the deceased Ramachandrappa. They have filed the claim petition under Section 166 of the MV Act claiming compensation of Rs. 20,00,000/ - on account of death of the deceased in the road traffic accident that occurred on 1.12.2008 at about 9.00 a.m. Due to the rash and negligent driving by the driver of the offending vehicle bearing registration. No. KA -03/AA -1239, the deceased sustained grievous injuries and thereafter, succumbed to the injuries during treatment on the next day at about 7.00 a.m. It is contended that the deceased was the only earning member of the family. He was aged 59 years and was an agriculturist cum vegetable vendor and also Proprietor of Maruthi Bricks Factory earning Rs. 30,000/ - per month. He was hale and healthy prior to the accident. Due to the untimely death of the deceased in the road traffic accident, they have suffered pain and agony and the children have lost love and affection, inspiration, guidance. During the pendency of the appeal, the mother also has died. It has also affected the social and economic condition of the family severely. The matter had come up before the Tribunal for consideration. The Tribunal after hearing both sides and after due consideration of the oral and documentary evidence on record by taking the income of the deceased at Rs. 5,000/ - per month and after deducting 1/3rd towards personal expenses and applying the appropriate multiplier of 9, has awarded a total compensation of Rs. 4,40,000/ - towards loss of dependency and conventional heads, with 6% interest from the date of petition till its realization. Being dissatisfied with the impugned judgment and award passed, the appellants -claimants have filed this appeal seeking enhancement of compensation.

(3.) AS against this, learned counsel appearing for the 1st respondent -Insurer inter alia contended that substantial amount has been awarded by the Tribunal, after due consideration of the oral, documentary and other evidence on record and also by considering the age, avocation and year of the accident of the deceased. Therefore, interference is not called for.