H. LOKESHWARI, N. GAGAN AND N. VARSHINI Vs. SRI. KARRANNA, THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., SMT. PUTTAMMA AND SRI. THIPPANNA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 3rd March 2011, passed in MVC No. 641/2009, by the XIII Additional Small Causes Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH -15), (for short, 'Tribunal'), seeking enhancement of compensation, on the ground that the compensation awarded by Tribunal in their favour is inadequate and needs to be enhanced. The facts in brief are that, the claimant No. 1 is the wife, claimant Nos. 2 and 3 are the minor children and Respondent Nos. 3 and 4 are the parents of deceased, Nagaraju. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 5:00 P.M. on 15 -02 -2008, when the deceased Nagaraju was riding Moped bearing Registration No. KA -40/J -4789 near Muddareddyhalli cross of Gudibanda Taluk, Chikkaballapur District on NH -7 Road, i.e. Hyderabad -Bangalore Road, at that time, a Tata Ace Tempo came from opposite direction in a rash and negligent manner and dashed against the motor cycle ridden by the deceased. Due to the impact, he fell down and sustained grievous injuries. Immediately he was shifted to Government Hospital, Chickballapur for first aid treatment and thereafter shifted to NIMHANS and again referred to St. Johns Hospital and Rajshekar Hospital for further treatment. But, unfortunately, in spite of the best treatment, he could be saved and he succumbed to the injuries sustained in the road traffic accident on 03 -03 -2008, after nearly 18 days.

(2.) IT is the case of the claimants that, the deceased was aged about 40 years and working as a First Division Surveyor' at Revenue Department, Gudibanda Taluk, Chikkaballapur District and hale and healthy prior to the accident. On account of the untimely and unnatural death of the deceased Nagaraju, the first claimant -wife has lost her life partner at a very young age, claimant Nos. 2 and 3 - minor children have lost the love and affection, inspiration and guidance and Respondents 3 and 4 - parents of deceased, being aged about 65 years and 71 years as on the date of accident have lost the social, financial and moral support and therefore, they have to be compensated reasonably.

(3.) WE have gone through the grounds urged in the memorandum of appeal filed by claimants and also the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the claimants and the Insurer, for considerable length of time.