(1.) THOUGH this matter is posted for orders, the same is taken for final disposal with the consent of learned counsel for both the parties. This appeal by the claimants is directed against the impugned judgment and award dated 18.1.2011 passed in MVC No. 513/2009 on the file of the XIII Additional Small Causes Judge, MACT, Bangalore (SCCH -15).
(2.) THE Tribunal by its impugned judgment and award has awarded a sum of Rs. 3,42,000/ - with 6% p.a. from the date of petition till its realization, on account of the death of deceased Chandan G Naik in the road traffic accident.
(3.) THE brief facts of the case on hand are, appellants being the parents of the deceased have filed the claim petition under Section 166 of the MV Act claiming compensation of Rs. 30,00,000/ - against the respondents on account of untimely death of the deceased Chandan G Naik in the road traffic accident that occurred on 18.1.2008. When he was traveling in Hyundai Accent car bearing registration No. KA -04 -MA -3348 from Murudeshwar to Goa, when he reached near Chitoor Cross, NH -17, due to the rash and negligent driving by the driver of the car, he lost control over the car and dashed to the left side of the road, due to which, car toppled down and the deceased sustained grievous injuries and he succumbed to the injuries on the way to the hospital. Further it is contended that deceased was the only son and he had a very bright academic career and he stood distinction and got admission in the PES Institute of Technology, Bangalore and has joined B.E. in Computer Science. Due to his untimely death, they have suffered mental agony and shock and are deprived of seeing the bright future of their only son. Taking all these aspects into consideration, they have filed the claim petition. The said matter had come up before the Tribunal for consideration. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence on record, has allowed the claim petition in part awarding Rs. 3,42,000/ - under different heads with 6% interest from the date of petition in part till its realization. Being dissatisfied with the impugned judgment and award passed, the appellants/claimants have filed this appeal seeking enhancement of compensation.