LAWS(KAR)-2014-7-181

PARAMESHAWARAPPA AND ORS. Vs. DAKSHAYANI AND ORS.

Decided On July 04, 2014
Parameshawarappa And Ors. Appellant
V/S
Dakshayani And Ors. Respondents

JUDGEMENT

(1.) THIS appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.

(2.) IT is a case of death of a bachelor by name Lokesh, aged about 22 years. His parents, sister and grand father filed a claim petition in MVC No. 445/2011 under Section 166 of the Motor Vehicles Act before the MACT, Bangalore, seeking compensation of Rs. 25,60,000/ - from the owner and insurer of the offending vehicle. The Tribunal by impugned judgment and award has awarded a compensation of Rs. 4,08,000/ - with interest at 6% p.a. from the date of claim petition till the date of payment and directed the owner of the vehicle to pay the said amount on the ground that the offending vehicle had no insurance on the date of accident. Claimants, aggrieved by the quantum of compensation awarded by the Tribunal, have preferred this appeal seeking enhancement.

(3.) SRI T.C. Sathishkumar, learned counsel appearing for the appellants submits that, the income assessed by the Tribunal is on the lower side, consequently compensation awarded towards loss of dependency is on the lower side. He submits even compensation awarded under conventional heads is also on the lower side and therefore, he prays for allowing the appeal by enhancing the compensation awarded by the Tribunal.