VASANTHAMMA AND ORS Vs. S CHANDREGOWDA

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 7th January 2010, passed in MVC No.75/2008 (old No.1341/2008), by the Civil Judge(Sr.Dn) & J.M.F.C., K.R.Pet, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,71,000/- awarded in favour of the claimants as against their claim for Rs. 30,00,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the wife, four children and parents of the deceased C.K. Boregowda. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 7:50 P.M, on 16-06-2008, when the deceased Boregowda was riding a Motor Cycle, bearing Registration No.KA-54/E-2685, on K.R. Pet- Channarayapatna road near Bhagyalakshmi Petrol Bunk, K.R. Pet, at that time, DCM Toyota Maxi Cabbearing Registration No.KA-25/6102, being driven by its driver in a rash and negligent manner, came and dashed against the Motor Cycle in which, the deceased was proceeding. Due to the impact, the deceased Boregowda fell down and died on the spot.

(3.) It is the case of the appellants that, the deceased was aged about 42 years, a progressive agriculturist and also doing milk vending business by supplying 20 litres of milk every day and growing sugarcane crop in 5.16 guntas of wetland owned by him, and earning a sum of Rs. 30,000/- per month and was hale and healthy prior to the accident. He was the sole earning member in the family and on account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, it is their case that they have to be compensated reasonably.