LAWS(KAR)-2013-1-364

SHABEER AHMED AND ORS Vs. PUTTASIDDAIAH AND ORS

Decided On January 16, 2013
SHABEER AHMED AND ORS Appellant
V/S
PUTTASIDDAIAH AND ORS Respondents

JUDGEMENT

(1.) This appeal by the appellants-claimants is arising out of the impugned judgment and award dated 23/04/2011 passed in MVC No.264/2010 by the Additional Senior Civil Judge and Motor Accident Claims Tribunal, Tumkur, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate and requires enhancement.

(2.) The Tribunal by its judgment and award has awarded a sum of Rs. 2,95,000/- under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the appellants for a sum of Rs. 30,00,000/-, on account of the death the deceased Sri. Tippu Sulthan, in the road traffic accident.

(3.) In brief, the facts of the case are: The appellants are the parents of the Sri. Tipu Sulthan. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 10.1.2010 the deceased along with his friend Mahadevaiah went to Chitradurga in a Motor bike bearing Reg.No.KA.06.ED.6785 to attend his work and on 11.1.2010 while he was returning from Chitradurga and when he came near New Hanuman Petrol Bunk in Sira Town, at the time, the driver of the tractor tailor bearing Reg.No.KA.06.TA.3238/3239 came in a rash and negligent manner from opposite direction and dashed against the motor bike, due to which, deceased sustained injuries and died.