M. C. NARASAREDDY Vs. M. G. PADMA

JUDGEMENT

(1.) In this appeal, the petitioners have challenged the judgment dtd. 27/1/2017 passed in M.V.C.No.839/2016 by the M.A.C.T., Bengaluru (SCCH-13) ('the Tribunal' in short).

(2.) For the sake of convenience, the rank of the parties shall be referred to as per their status before the Tribunal.

(3.) Brief facts of the case are, wife of petitioner No.1, mother of petitioner Nos.2 to 4 Smt.Nanjamma, the deceased, met with an accident on 25/10/2015 at about 11.00 a.m., while she was crossing the road on N.H.7, Chikkaballapura-Bagepalli Road near Diguru Cross, Adennagarhalli village, hit by a Qualis car bearing No.KA-05/MC-2221 causing her injuries. She was treated at Government Hospital, Chikkaballapura, when she was brought to M.S.Ramaiah Hospital, Bengaluru for higher treatment, she was declared brought dead. The petitioners have moved the Tribunal seeking compensation. The claim was opposed by the Insurance Company. After taking the evidence, the Tribunal recorded its finding that the petitioners are entitled for only loss of estate apart from compensation under conventional heads and also attributed 10% negligence against the deceased and assessed the compensation of Rs.2,48,000.00, out of which, 90% was directed to be paid by the respondents. Aggrieved by the same, the petitioners have filed this appeal on various grounds.