VARALAKSHMI AND OTHERS Vs. PROPRIETOR, M/S. K.N.R. CONSTRUCTION LTD. AND THE REGIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 10th June 2011, passed in MVC No. 1061/2009, by the X Additional Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH -16), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 6,45,000/ - awarded in favour of the claimants as against their claim for Rs. 25,00,000/ -, is inadequate. The facts in brief are that, the claimants are the wife, minor daughter, parents and two brothers of the deceased P. Veeregowda. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 6:00 P.M., on 02 -01 -2009, when the deceased was coming from Devanahalli in a motor cycle bearing Registration No. KA -43/H -4035 on Bangalore -Bellary Main Road, NH -7, near Tattamachanahalli Tank Bed, a Goods Lorry bearing Registration No. KA -50/1698 being driven by its driver in a rash and negligent manner, so as to endanger human life and property, came and dashed against the deceased and due to the impact, the deceased sustained grievous injuries to head, hands legs with bleeding and the motor cycle was also extensively damaged. Immediately he was shifted to Government Hospital, Devanahalli, after examination.

(2.) IT is the case of the appellants that, the deceased was aged about 38 years and an agriculturist by profession, growing grapes and also doing sericulture business, earning not less than a sum of Rs. 25,500/ - per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, they have to be compensated reasonably.

(3.) WE 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 some time.