YASHODAMMA & OTHERS Vs. G. RAMESHA

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 19th August 2010, passed in MVC No.61/2009, by the Senior Civil Judge & Motor Accident Claims Tribunal, Tarikere, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,56,000/- 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 major children of the deceased Gopinatha. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 10:30 P.M, on 17-0-2009, when the deceased was coming on the left side of road near Ganapathi Pendal, at B.H. Road of Tarikere, he met with an accident on account of rash and negligent driving by the driver of Mahendra pick up Van bearing Registration No.KA-15/3506. Due to the impact, he fell down and sustained severe injuries over the head and lost consciousness and was immediately shifted to Government Hospital, Tarikere, where the Doctor gave fir aid and referred to higher Centre for better treatment and subsequently he was shifted to Nanjappa Hospital, Shimoga and admitted there. At the said Hospital, CT scan was done, which revealed multiple fractures in head. Thereafter, the deceased was shifted to Mc. Gann Hospital, Shimoga, where he was treated as in-patient from 17-03-2009 to 25-03-2009. Ultimately, he succumbed to the injuries sustained in the road traffic accident.

(3.) It is the case of the appellants that, the deceased was aged about 45 years and a Banana Merchant, earning more than a sum of Rs. 10,000/- per month and was 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.