CHIKKAMMA, DEEPIKA, AMBIKA ALIAS MANJU AND CHIKKAHANUMAMMA Vs. REHAMATULLA AND THE MANAGER, UNITED INDIA INSURANCE CO.

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is directed against the impugned judgment and award dated 28/02/2011 passed in MVC No. 1932/2010, by the Presiding Officer, Fast Track Court, Hunsur, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation. The Tribunal by its judgment and award has awarded a sum of Rs. 4,14,000/ - under different heads with interest at 6% per annum from the date of petition till the date of realization, as against the claim of the appellants for a sum of Rs. 20,55,000/ -, on account of the death the deceased Sri. Venkatesha Bovi @ Venkatesha, in the road traffic accident.

(2.) IN brief, the facts of the case are: The appellant No. 1 is the wife, appellant Nos. 2 and 3 are the minor children and appellant No. 4 is the mother of the deceased Sri. Venkatesha Bovi @ Venkatesha. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 13.7.2010 at about 10.20 a.m. deceased was travelling in Passenger Tempo bearing Reg. No. KA.09.5181 and when the said Tempo came near Vaddarapalya gate towards H.D. Kote, the driver of the said Tempo drove the same in a rash and negligent manner and when he came near the land of Mohamad Saheb on Mysore -Manandavadi road, he lost control over the tempo and due to which, tempo capsized to the left side of the road and caused the accident. As a result, deceased sustained grievous injuries and he died due to the injuries at the spot.

(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. 4,14,000/ - under different heads with interest at 6% p.a., from the date of petition till the date of realization.