A.K.PANDYA Vs. SHANKAR NAIDU

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is directed against the impugned judgment and award dated 16/12/2004 passed in MVC No.4102/2003, by the XVI Additional Judge and Motor Accident Claims Tribunal, Bangalore City (SCCH -14), (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation, on the ground that a sum of Rs.1,60,000/ - awarded by the Tribunal under different heads with interest at 8% per annum from the date of petition till its realization, as against the claim of the appellants for a sum of Rs.10,00,000/ -, on account of the death the deceased Kum. Juhi Kumari @ Juhi Pandya, in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellant Nos.1 and 2 are the parents of the deceased Kum. Juhi Kumari @ Juhi Pandya, who was hale and healthy prior to the accident. That at about 5.00 p.m. on 25.7.2003 the deceased was travelling in a tractor bearing No.AAC -7312 and Trailer No.AAC -4304 along with others and when the said Tractor came near Basavanagara Seetharamapalya road, the driver of the Tractor drove the same in a rash and negligent manner with high speed, due to which, deceased bounced and fell down and sustained injuries all over the body and on the way to hospital she succumbed to the injuries. On account of the untimely death of the deceased, appellants filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the owner and Insurer of the vehicle.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs.1,60,000/ - under different heads with interest at 8% p.a., from the date of petition till its realization, fastening the liability on respondent No.1, owner of the Tractor -trailer.