MUNISHAMIGOWDA AND SARASWATHAMMA Vs. NAVEEN KUMAR

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 27th March 2008, passed in MVC No. 6177/2007, by the XVIII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal -4, Bangalore (SCCH -4), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,94,000/ - awarded in favour of the claimants as against their claim for Rs. 10,00,000/ -, is inadequate. The facts in brief are that, the claimants are the parents of deceased M. Manjunath. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 7:30 P.M., on 05 -04 -2007, when the deceased M. Manjunath was proceeding on a Motor cycle bearing Registration No. KA -53/J -1016 as a pillion rider on NH -4 i.e. Bangalore -Kola Road, the rider of the said vehicle was riding the same slowly cautiously and on the correct side of the road by following the traffic rules and regulations. When the said vehicle reached near MVJ College, Dandupalya, at that time, a Tata Mobile Vehicle, bearing Registration No. KA -08/851, which was proceeding in a rash and negligent manner, lost control and due to high speed, dashed against the motor cycle, in which the deceased was riding pillion. Due to the impact, deceased fell down and sustained grievous injuries and was immediately shifted to Hospital, but unfortunately, he succumbed to the injuries sustained in the road traffic accident, on 13 -04 -2007, after nearly ten days of treatment.

(2.) IT is the case of the appellants that, the deceased was aged about 27 years and working as a Technical Assistant at N.C.N. Technology Factory, Mahadevapura Industrial Estate, earning a sum of Rs. 8,000/ - per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased M. Manjunath, the claimants/appellants have lost the love and affection, social and financial security and they are also deprived of seeing the future progress of their son and therefore, they have to be compensated reasonably.

(3.) I have gone through the grounds urged in the memorandum of appeal and heard learned counsel appearing for appellants and learned counsel appearing for respondent, for quite some time.