GIRIJAMMA Vs. M K TRAVELS

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 16th November 2011, passed in MVC No.7769/2010, by the XIII Additional Small Cause Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH -15), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,54,000/ - awarded in favour of the claimants as against their claim for Rs. 25,00,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the wife and two minor children of the deceased Narayana. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 4:45 P.M, on 24 -10 -2010, when the deceased Narayana was driving the autorickshaw bearing Registration No.KA -02/AA -1462, on Bangalore -Mysore Road, near Ramohalli Road, at that time, a Tata Sumo bearing Registration No.KA -01/D -9705 came from Mysore towards Bangalore in a rash and negligent manner and dashed against the autorickshaw driven by the deceased, as a result, the deceased fell down and sustained grievous injuries and immediately, he was shifted to Rajarajeshwari Hospital, but unfortunately, he succumbed to the injuries on the way to the hospital.

(3.) IT is the case of the appellants that, the deceased was aged about 45 years and working as an auto driver, earning a sum of Rs. 7,500/ - per month and hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, they have to be compensated reasonably.