PARVEZ SHEIK, S/O LATE SAIFULLA; IRFAN SHEIK, S/O LATE SAIFULLA Vs. LALITH KISORE TEXTILES; ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 6th May 2008, passed in MVC No.949/2001, by the I Additional Civil Judge (Sr.Dn) & CJM, Member, Motor Accident Claims Tribunal, Mangalore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,96,000/- awarded in favour of the claimants as against their claim for Rs. 36,50,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the major children of deceased Mumtaz. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 08:00 A.M, on 14-04- 2001, when the deceased along with others was travelling in a Car bearing Registration No.DL-7C/5640 from New Delhi to Panipat, the driver of the said Car lost control over the same and he dashed against a tree at Lower GTK Road, near Nangli-Poona village crossing road on the way to Panipat. Due to the impact, he sustained grievous injuries and was immediately shifted to Delhi Hospital and from there, he was shifted to Unity Health Complex, Mangalore where he was treated as in-patient and discharged with an advise to take follow-up treatment and complete bed rest.

(3.) It is the case of the appellants that, the deceased was aged about 42 years and doing business, earning a sum of Rs. 30,000/- per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased late Mumtaz, the claimants have lost the love and affection, social and moral support apart from financial security and therefore, they have to be compensated reasonably.