DODDATHAYAMMA, PAVAN KUMAR, RAJEEV K. AND SMT. PUTTABASAMMA Vs. K. SREENIVASULU, P. THIRUMPATHAIAH AND THE ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal by the claimants -appellants is directed against the impugned judgment and award dated 30/12/2010 passed in MVC No. 99/2009, by the Presiding Officer, Fast Track Court -III and Motor Accident Claims Tribunal, Mysore, (hereinafter referred to as Tribunal' for short), for enhancement of compensation, on the ground that, a sum of Rs. 15,88,909/ - awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till the date of realization, on account of the death the deceased Sri. Krishnaiah, in the road traffic accident, is inadequate. In brief, the facts of the case are: The appellant No. 1 is the wife and appellant Nos. 2 and 3 are the children and appellant No. 4 is the mother of the deceased Sri. Krishnaiah. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation of Rs. 45,00,000/ -, on account of the death of the deceased in the road traffic accident, contending that, on 23.11.2008 at about 7.45 p.m. deceased was proceeding on his TVS moped bearing Reg. No. KA.11.L 4655 at Seshadri Iyer road from RMC Circle side, Mysore, on the left side of the road, at that time, the driver of the lorry bearing Reg. No. AP.02. W.7956 came in a rash and negligent manner from behind and hit against the moped, in which deceased was traveling. Due to which, deceased fell down and front wheel of the lorry ran over his stomach, he sustained grievous injuries. Immediately, he was taken to K.R.' Hospital, Mysore, for treatment and the Doctor who examined him declared him as dead.

(2.) IT is the further case of the appellants that, deceased was aged about 45 years, hale and healthy prior to the accident, working as Lecturer at Lakshmi Hayagreeva PU College, Melkote and drawing the salary of Rs. 19,916/ - per month and looking after the welfare of the family and due to his untimely death they suffered both socially and financially, as they have lost their earning member.

(3.) WE have heard the learned counsel appearing for the appellants and learned counsel for 3rd respondent -Insurer.