NARAYANASWAMY Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 4th October 2010, passed in MVC No.5423/2009, by the VIII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal -V, Bangalore City, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.3,40,000/ - awarded in favour of the claimants as against their claim for Rs.25,00,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the parents of deceased Sathish Kumar. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 05:00 P.M, on 09 -07 - 2009, when the deceased Sathish Kumar was moving towards his village through bicycle, near Chikkacheemanahalli gate, he met with an accident on account of rash and negligent riding by the rider of Motor cycle bearing Registration No.KA -43/H -5477, a TVS Apachi. Due to the impact, the deceased sustained grievous injuries and immediately, he was taken to Government Hospital, Devanahalli, where first -aid was given and thereafter, he was referred to Sushrusha Nursing Home, Yelahanka where he took treatment as an in -patient and thereafter he was referred to NIMHANs, but, unfortunately, he succumbed to the said injuries, on the was to NIMHANs Hospital on 15 -07 - 2009 after about seven days.

(3.) ON account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 4th October, 2010. 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.3,40,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.