SATHYABAMA, MR. RAMESH AND MR. KRISHNA MURTHY Vs. MANAGING DIRECTOR, BMTC, M/S. UNITED INDIA INSURANCE CO. LTD., SHRI. S.N. BALASUBRAMANI AND M/S. THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 25th January 2011, passed in MVC No. 7697/2008, by the XII Additional Small Causes Judge, Member, Motor Accident Claims Tribunal, Bangalore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,16,000/ - awarded in favour of the claimants as against their claim for Rs. 20,00,000/ -, is inadequate. The facts in brief are that, the claimants are the mother and two brothers of deceased Y. Harish. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 07:30 P.M., on 12 -08 -2008, when the deceased Y. Harish was driving his Maruthi 800 Car from his house towards his office in a direction from west to east on Longford road at Shanthinagar, carefully observing the traffic rules and regulations, in front of Hockey Stadium, a Lorry bearing Registration No. KA -01/B -9448 came from behind at a high speed, in a rash and negligent manner and dashed against the hind portion of the Maruthi Car. Due to the impact, the Maruthi Car went right side of the road by crossing the central median, where by a BMTC Bus bearing Registration No. KA -01/FA=1212 which was coming from opposite direction, i.e. from east to west on the said road hit against the Car. As a result, deceased Y Harish sustained fatal injuries and died at the spot.

(2.) IT is the case of the appellants that, the deceased was aged about 28 years and was working as an Office Assistant at M/s. Wipro Technologies Limited, through Raj Office Solutions Private Limited, drawing salary of a sum of Rs. 9,079/ - per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased late Y. Harish, the claimants/appellants/parents 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 Respondents, for quite some time.