SAMPANGIRAMA SWAMY Vs. ORIENTAL INSURANCE CO , LTD

JUDGEMENT

(1.) This appeal by the claimants is directed against the common judgment and award dated 13th August 2008, passed in MVC No.4878/2007, by the XIX Additional Small Causes Judge, Motor Accident Claims Tribunal, Bangalore (SCCH-17), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,18,000/- awarded in favour of the claimants as against their claim for Rs. 30,00,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the parents of deceased Raghu @ Raghuram. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 2:00 P.M., on 13- 05-2007, when the deceased Raghu @ Raghuram along with others was proceeding in a Scorpio bearing Registration No.KA-05/MC-9349, near Mandigehalla Bridge, NH-206, Sagar Taluk, Shimoga Dist. He met with an accident, on account of rash and negligent driving by the driver of Lorry bearing Registration No.KA-17/8500 and due to the impact, the deceased sustained grievous injuries and succumbed to the same on the spot.

(3.) It is the case of the appellants that, the deceased was aged about 29 years and working as CNC Programmer-cum-Operator under Kumaran Industries, earning a sum of Rs. 8,500/- per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased Raghu @ Raghuram, 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.