SAKAMMA, VISHWANATHA CHAR, VIJAYAKUMAR CHAR AND RAGHAVENDRA CHAR Vs. M/S. ORIENTAL INSU. CO. LTD. AND K.M. PARVATHAMMA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 10th March 2010, passed in MVC No. 479/2008, by the Additional Sessions Fast Track Judge and Motor Accidents Claims Tribunal, Chitradurga, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,61,000/ - awarded in favour of the claimants as against their claim for Rs. 20,00,000/ -, is inadequate. The facts in brief are that, the claimants are the wife and major children of the deceased G.H. Bheema Char. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 6:00 AM, on 06 -04 -2008, when the deceased was moving on his TVS Excel Motor Cycle, bearing Registration No. KA -06/R -793, slowly on the left side of the road from Hiriyur to his native place at Hemadala near Chammanahally gate on SH -19 road, at that time, all of a sudden, a Bajaj Tempo Trax, bearing Registration No. KA -03/MC -1458, being driven by its driver in a rash and negligent manner, came from Challakere side and dashed against the TVS Moped in which, the deceased was proceeding. Due to the impact, the deceased suffered fatal injuries and died at the spot itself.

(2.) IT is the case of the appellants that, the deceased was aged about 60 years and doing agriculture and also goldsmith work, earning a sum of Rs. 10,000/ - 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.