SANNA PAPAMMA Vs. B.BASAVARAJ

JUDGEMENT

(1.) This appeal is filed under Sec. 173(1) of Motor Vehicles Act, 1988 (for brevity 'M.V. Act ') by the appellants / claimants calling in question the judgment and Award dtd. 12/10/2012 passed in MVC No.759/2012 on the file of MACT-II, Ballari (for brevity 'Tribunal ') for seeking enhancement of the compensation.

(2.) Brief facts leading to the case are that on 18/4/2012, at about 3.30 p.m., at Tumkurlahally gate, Molakalmuru taluk, the deceased was proceeding in his TVS XL Moped bearing No.AP-01/E-8039 on left side of the road. While crossing the road near Tumakurlahally gate, Chevrolet Optra Car bearing Regn.No.KA-34/M-9952 driven by first respondent came in a rash and negligent manner with a high speed and dashed to the TVS XL Moped of the deceased, as such the rider of the TVS XL fell down and sustained injuries and he died at the spot. As such, a case was registered against the driver of the Chevrolet Optra Car in Crime No.60/2012 for the offences punishable under Ss. 279, 337, 304-A of IPC. A claim petition was filed by the appellants/claimants under Sec. 166 of MV Act, claiming compensation for the death of deceased Boraiah by 1st appellant i.e. wife of the deceased and appellant Nos.2 to 4 who are children of the deceased. The Tribunal after appreciating the material and evidence on record allowed the claim petition in part and awarded compensation of Rs.2,59,500.00 along with interest at the rate of 6% per annum from the date of petition till the date of realization. The Tribunal held respondent Nos.1 to 3 are jointly and severally liable to pay the said compensation to the appellants/claimants. This appeal is filed by the claimants seeking enhancement of the award.

(3.) Heard the arguments of the learned counsel for appellants/claimants and the learned counsel for respondent-Insurance Company and perused the materials on record.