BHAGIRATHI, SRI. VEERESH BELAKERI ALIAS VEERANNA C. BELAKERI, SRI. C.B. SRINIVASA AND SRI. MARADAPPA BASAPPA BELAKERI Vs. SRI. R. NINGAPPA AND THE MANAGER/AUTHORISED OFFICER, SHRIRAM GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is directed against the impugned judgment and award dated 06/12/2010 passed in MVC No. 8/2010, by the II Additional District Judge and Motor Accident Claims Tribunal -II, Davangere, (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation. The Tribunal by its judgment and award has awarded a sum of Rs. 1,56,000/ - under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the appellants for a sum of Rs. 28,30,000/ -, on account of the death the deceased Sri. B. Chinnappa, 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 major sons and appellant No. 4 is the father of the deceased Sri. B. Chinnappa. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 31.10.2009 at about 5.30 p.m, deceased along with his relatives was returning from Udupi after attending marriage of their friend Mr. Srinivas in their Maxi Cab bearing No. KA. 16.7949, when they came near Nallur village after Agumbe towards Thirthahalli, deceased came near the door for vomiting, at that time, the driver of the said vehicle drove the same in a rash and negligent manner, due to which, the door of the said vehicle was suddenly opened, deceased fell to the road from the vehicle and sustained severe injuries all over his body. Immediately, he has been brought to JC Hospital at Thirthahalli, where he succumbed to the injuries.

(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. 1,56,000/ - under different heads with interest at 6% p.a., from the date of petition till the date of deposit.