HEMAVATHI G.N. AND KU. B.R. RAMYASHREE Vs. SRI. TANVEER PASHA AND THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimants -appellants is directed against the impugned judgment and award dated 18/11/2010 passed in MVC No. 51/2009 by the Civil Judge (Sr. Dn) and Motor Accident Claims Tribunal, Maddur, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that, a sum of Rs. 2,86,444/ - awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till payment, on account of the death the deceased Sri. Ranganath, in the road traffic accident, is inadequate. In brief, the facts of the case are: The appellant No. 1 is the wife and appellant No. 2 is the daughter of the deceased Sri. Ranganath. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation of Rs. 45,00,000/ -, on account of the death of the deceased in the road traffic accident, contending that, on 6.12.2008 the deceased who was working as Police Head Constable, Maddur Police station has been engaged to night beat duty at Beat -4 area allotted by PSI, Maddur and doing his duty in and around Shivpura, Maddur town along with one Chikkaputtaiah and when he reached near Basaveswara Theatre on Bangalore Mysore Highway at Koppa Cross road, at that time, Sub -Inspector of Police and his staff colleagues came to check the duty of Ranganath and Chikkaputtaiah in a official jeep No. KA.11.G.140 and enquiring and discussing about their duty at about 3.15 a.m., at that time, the driver of the lorry bearing No. AP.02.V5054 came in a rash and negligent manner from Bangalore side and dashed against the Jeep and rolled over said Eanganath and Chikkaputtaiah and caused the accident. Due to which, deceased and Chikkaputtaiah sustained injuries and died on the way to Hospital.

(2.) IT is the further, case of the appellants that, deceased was aged about 48 years, hale and healthy prior to the accident, working as Police Head Constable and drawing the salary of Rs. 10,465/ - per month and looking after the welfare of the family and due to his untimely death they suffered both socially and financially, as they have lost their earning member.

(3.) WE have heard the learned counsel appearing for the appellants and learned counsel for 2nd respondent -Insurer.