K LAKSHMI DEVI Vs. M V CHANDRAPPA

JUDGEMENT

(1.) This appeal by the claimants is directed against the impugned judgment and award dated 13.10.2010 passed in MVC No.7394/2009 on the file of the VII Addl. Judge, Member, MACT-3, Court of Small Causes, Bangalore (SCCH-3), (hereinafter referred to as Tribunal for short) seeking enhancement of compensation.

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs.7,09,034/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellants, on account of the death of the deceased in the road traffic accident.

(3.) In brief, the facts of the case are: The 1st appellant is the wife and 2nd and 3rd appellants are the minor children of the deceased and they have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation of 23,00,000/-, on account of the death of the deceased in the road traffic accident which occurred on 05.08.2009 at about 7.30 p.m., due to the rash and negligent driving by the driver of the offending vehicle. Due to the impact he fell down and sustained multiple grievous head injuries and inspite of medication he could not be saved. It is case of the appellants that, the deceased was aged about 31 years at the time of accident, hale and healthy and was the only earning member in the family. 1st appellant has lost her husband at the young age of 20 years and the 2nd and 3rd appellants have lost love and affection, inspiration and guidance in the life. Due to his untimely death, social and economic condition of the family is affected. 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 assessed the income of the deceased at Rs.4,000/- per month, deducted 1/3rd towards the personal expenses of the deceased and allowed the claim petition in part and awarded the compensation of Rs.7,09,034/- under different heads with interest at 6% p.a., from the date of petition till the date of deposit. Not being satisfied with the compensation awarded by the Tribunal the appellants have presented this appeal for enhancement of compensation.