JAYASHEELA, KUM. KAVYA, KARTHIK AND CHIKKOLAMMA Vs. SRI. K.B. SUDHINDRA, THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LTD. AND LAKSHMAMMA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 6th May 2009, passed in MVC No. 1580/2004, by the Additional Civil Judge (Sr. Dn) and CJM and Motor Accident Claims Tribunal, Mandya, (for short, 'Tribunal') for enhancement. of compensation on the ground that, the compensation of Rs. 4,25,000/ - awarded in favour of the claimants as against their claim for Rs. 10,00,000/ -, is inadequate. The facts in brief are that, the claimant No. 1 is the wife, claimant Nos. 2 and 3 are the minor children and claimant No. 4 is the mother of deceased Kempaiah. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 8:30 P.M., on 08 -08 -2004, when the deceased was standing on the left side of the road, he met with an accident on account of rash and negligent driving by the driver of Car bearing Registration No. KA -04/A -7656, on M.C. Road in front of Abhinava Bharathi School at Halebudanur Village. Due to the impact, the deceased sustained grievous injuries and he succumbed to injuries.

(2.) IT is the case of the appellants that, the deceased was aged about 35 years and an Agriculturist by profession, earning a sum of Rs. 5,000/ - per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased, the first appellant has lost her life partner, the minor children have lost the love and affection, inspiration and guidance and the mother has lost the social and moral support, apart from financial support and therefore, they have to be compensated reasonably.

(3.) I have gone through the grounds urged in the memorandum of appeal and heard the learned counsel appearing for appellants and also the Insurer, for quite sometime.