SRI. RAJASHETTY @ RAJANNA, SMT. LAKSHMAMMA AND SRI. D.R. YOGEESHA Vs. THE MANAGER, M/S. ICICI LOMBARD GENERAL INSURANCE CO., LTD. AND M/S. SRS TRAVELS, BY PROPRIETOR, SRI. K.T. RAJASHEKAR

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 13th January 2012, passed in MVC No. 46/2011, by the VIII Additional Judge, Member, Motor Accident Claims Tribunal -V, Court of Small Causes, Bangalore City, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,25,000/ - awarded in favour of the claimants as against their claim for Rs. 21,10,000/ -, is inadequate. The facts in brief are that, the claimants are the father, mother and brother of deceased Laxmisha D.R. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 08:30 P.M., on 10 -11 -2010, when the deceased was proceeding on a moped bearing Registration No. KA -01/EK -3925 on 14th Main Road towards silk board, Madiwala PS limits, near HSR Layout out, near Millige junction, a Mini Bus bearing Registration No. KA -42/4319 came in a rash and negligent manner and dashed against the rider of moped, due to impact, the deceased sustained grievous injuries and immediately he was taken to Hospital, but in spite of providing best treatment, he could not be saved and he succumbed to the injuries.

(2.) IT is the case of the appellants that, the deceased was aged about 18 years and was unmarried. He had completed his Vocational course in Sericulture and was working as Operation Executive at M/s. Myntra HSR Layout, Bangalore, drawing salary of a sum of Rs. 6,000/ - per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased Laxmisha D.R., the claimants/appellants have lost the love and affection, social and moral support apart from financial security and therefore, they have to be compensated reasonably.

(3.) WE have gone through the grounds urged in the memorandum of appeal and heard learned counsel appearing for appellants and learned counsel appearing for first Respondent/Insurer, for quite some time.