AMEENA FARHATH Vs. DEPUTY DIRECTOR, BANGALORE

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the common judgment and award dated 28th August 2009, passed in MVC No.9183/2007, by the Chief Judge, Court of Small Causes, Bangalore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.7,66,400.00 awarded in favour of the claimants, after deducting 20% contributory negligence fixed on the part of the deceased, as against their claim for Rs.17,50,000.00, is inadequate.

(2.) THE facts in brief are that, the claimant No.1 is the wife and claimant No.2 is the minor son and claimant Nos.3 and 4 are the parents of deceased Mohammed Farooq. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 8:00 P.M, on 08-10-2007, when the deceased was riding his Motor Cycle bearing Registration No.KA- 01/S-8111 along with a pillion rider, on the left side of Chikkaballapura-Shidlaghatta Road, near Hoshudya village, Chikkaballapur Taluk, he met with an accident, on account of rash and negligent driving by the driver of a Jeep, bearing Registration No.CKG-581. Due to the impact, the deceased sustained grievous injuries and he succumbed to the same on the way to Government Hospital, Shidlaghatta.

(3.) ON account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 28th August, 2009. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.7,66,400.00 under different heads, with 6% interest per annum, from the date of petition till the date of payment, after deducting 20% towards contributory negligence fixed on the deceased. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.