BHUVANA SHANKAR Vs. KANCHAN MULLERPATTAN

JUDGEMENT

(1.) This appeal by the appellant-claimant No.2 is directed against the impugned judgment and award dated 08/11/2005 passed in MVC No.1542/2003 by the IX Additional Judge, Court of Small Causes, and Member, Motor Accident Claims Tribunal-7, Bangalore (SCCH-7), (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation, on the ground that a sum of Rs. 12,35,000/- awarded by the Tribunal as compensation under different heads with interest at 6% per annum from the date of petition till the date of payment/ deposit, as against the claim of Rs. 43,60,000/-, on account of the death the deceased Shivashankar in the road traffic accident is inadequate and it requires to be enhanced.

(2.) In brief, the facts of the case are: The appellant is the daughter of the deceased Sri.Shivashankar. The respondent No.1-wife, along with her minor daughters respondent No.2 and the appellant has 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 contending that, 22.4.2002 at about 4.30 p.m. the deceased was driving Tata Indica car bearing No.KA.04.Z.4885 along with his mother, deceased Gayathri and sister Suman and also with one Mr. Giridhar and Master Dhruv towards Bangalore from Mangalore and when they came near Jodi Honnavalli village, Palya Hobli, Alur Taluk on BM Road, NH.48, at that time, the driver of one Gas Tanker bearing No.HR.29.B.8675 came in a rash and negligent manner from opposite direction and dashed against the car. Due to which, deceased died on the spot and other inmates of the car have sustained severe injuries.

(3.) It is the further case of the claimants that, deceased was aged about 43 years, hale and healthy prior to the accident, working as Manager at Shamrao Vittal Co-op. Bank Ltd. and drawing the salary of Rs. 24,340/- per month and looking after the welfare of the family. Due to his untimely death, claimants have lost their bread earner and they suffered both financial and social insecurity..