SHANTHAMMA Vs. MANAGING DIRECTOR, BMTC

JUDGEMENT

(1.) This appeal by the appellants-claimants is arising out of the impugned judgment and award dated 09/11/2007 passed in MVC No.2426/2007, by the VII Additional Judge and Member, Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that a sum of Rs. 4,40,000/- awarded by the Tribunal under different heads, with interest at 7.5% per annum against the claim of Rs. 25,00,000/-, on account of the death of the deceased Sri. Lakshmana, in the road traffic accident is inadequate.

(2.) In brief, the facts of the case are: The appellant No.1 is the mother and appellant No.2 are the brother of the deceased Sri. Lakshmana. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 9.2.2007 at about 9.15 hours the deceased was boarding the bus at Sarjapura road, BMTC Bus stand, at that time, the driver of the bus bearing No.KA.01.F.2245 came in a rash and negligent manner, suddenly stopped the bus without verifying the correct position of the passengers boarding the bus. As a result, deceased fell down and sustained grievous injuries and died at the spot.

(3.) It is the further case of the appellants that, deceased was aged about 22 years, hale and healthy prior to the accident and working as Glass Cleaner in Rap and Clean and earning Rs. 7,000/- per month. Due to his untimely death, appellant No.1 has lost her son, who was her future hopes and security and appellant No.2 who was a handicapped person has lost his brother , apart from mental shock and agony.