PADDAMMA Vs. SINDHOORJA A SSSXS

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 9th February 2011, passed in MVC No.203/2009, by the Civil Judge (Sr.Dn) & Motor Accident Claims Tribunal, Maddur, (for short, 'Tribunal') for enhancement of compensation on Rs.33,000.00 the ground that, the compensation of awarded in favour of the claimants as against their claim for Rs.19.00 Lakhs, is inadequate.

(2.) THE facts in brief are that, the claimants appellants are the children of the deceased Smt. Minakamma. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 08:30 P.M, on 02-08-2009, when the deceased Minakamma had been to Bidadi Sandy for doing Sigadi Karimeenu business and after finishing her business, returning to her village Nidaghatta in a vehicle, she alighted the bus at Nidaghatta village and standing on the left side of the Bangalore-Mysore road in order to cross the road, at that time, a Scorpio Car bearing No.KA-03/MB-9036, being driven by its driver came from Bangalore side in a very rash and negligent manner and dashed against the deceased Minakamma, due to which, she fell down and sustained fatal injuries to her head, hands and legs and succumbed to the same.

(3.) ON account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation of a sum of Rs.19.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 9th February, 2011. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.33,000.00 under different heads, with 6% interest per annum, from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.