K.A. SHASHIKALA, MASTER. V. NAVEEN AND MASTER. V. PRADEEP Vs. MANAGING DIRECTOR AND THE MANAGER, UNITED INDIA INSURANCE CO., LTD.

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is arising out of the impugned judgment and award dated 28/07/2011 passed in MVC No. 4970/2010, by the Principal Motor Accident Claims Tribunal and Chief Judge, Court of Small Causes, Bangalore, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate. The Tribunal by its judgment and sward has awarded a sum of Rs. 5,65,000/ - under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the claimants for a sum of Rs. 20,00,000/ -, on account of the death of the deceased Sri. Veera Reddy, in the road traffic accident.

(2.) IN brief, the facts of the case are. The appellant No. 1 is the wife, appellant Nos. 2 and 3 are the minor sons of the deceased Sri. Veera Reddy. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 13.7.2010 at about 5.30 p.m. while the deceased was standing on the left side of the foot path with his Hero Honda Splendor Motorbike bearing No. KA. 51.H.6692 near Thimmarayaswamy Weigh Bridge at Anekal -Chandapure Main Road, he was dashed by the driver of BMTC bus bearing Reg. No. KA. 01. FA. 1943 due to rash and negligent driving.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 5,65,000/ - under different heads with interest at 6% p.a., from the date of petition till its realization.