B.N. NAGARATHNAMMA AND KUM. SHALINI Vs. BRANCH MANAGER, ICICI LOMBARD MOTOR INSURANCE AND NARAYANARAO SAHEBNAMEDSHMUKH

JUDGEMENT

(1.) THIS appeal by the claimants -appellants is directed against the impugned judgment and award dated 16/03/2011 passed in MVC No. 7642/2009, by the XVIII Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal -4, Bangalore (SCCH -4), (for short 'Tribunal'), for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate. The Tribunal by its judgment and award has awarded a sum of Rs. 4,46,052/ - 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 claimants for a sum of Rs. 30,00,000/ -, on account of the death of the deceased Sri. K.S. Gurulingappa, in the road traffic accident.

(2.) IN brief, the facts of the case are: The appellant No. 1 is the wife and appellant No. 2 is minor daughter of the deceased Sri. K.S. Gurulingappa. 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, contending that, on 21.10.2009 at about 6.30 p.m., the deceased was riding the motor cycle bearing Reg. No. CKL 2807 along with one A. Usha as pillion rider from west to east on the extreme left side near Kanteerava Studio in FTI Circle, outer ring road towards Yeshwanthapura, at left turn, at that time, the driver of the milk tanker lorry bearing No. MH. 10.Z.1004 came from opposite direction and suddenly took turn towards west with high speed in a rash and negligent manner and dashed against the motor cycle. Due to which, they fell down and sustained grievous injuries and deceased K.S. Gurulingappa died on the spot.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after appreciating the oral and documentary evidence and other material available on file, has allowed the said claim petition in part, awarding the compensation of Rs. 4,46,052/ - under different heads with interest at 6% p.a., from the date of petition till the date of deposit.