SHANTHA BAI Vs. ANSAR KHAN

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the common judgment and award dated 6th November 2008, passed in MVC No.8996/2007, by the 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.3,54,000/ - awarded in favour of the claimants as against their claim for Rs.20,00,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the wife and children of the deceased Venkoba Rao. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 09:00 A.M, on 02 -06 -2007, when the deceased and others were proceeding in their respective bicycles on Outer Ring Road, near Ashwathanagara, at that time, a Tempo bearing Registration No.KA -04/B -7099, being driven by its driver, in a rash and negligent manner, the deceased met with an accident on account of rash and negligent driving by the driver of the said Tempo, as a result of which he sustained grievous injuries 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 against the respondents. The said claim petition had come up for consideration before the Tribunal on 6th November, 2008. 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.3,54,000/ - 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.