U BALAKRISHNA SHETTY, Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is directed against the impugned judgment and award dated 05/03/2012 passed in MVC No. 2181/2011, by the III Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH -18), (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation., on the ground that, a sum of Rs. 5,85,000/ - awarded by the Tribunal under different heads with interest at 8% per annum from the date of petition till its deposit against the claim of Rs. 2,05,75,000/ -, on account of the death of the deceased Smt. Sujatha B Shetty, in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellants are the husband and minor children of the deceased. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 12.2.2010 at about 1.15 p.m. deceased along with her daughter was travelling in a Lancer car bearing Reg.No.KA.25.Z.3333 from Dharwad on Ankola -Yellapur road, NH -63 to attend a religious function and when it came near Sunkasala Kichepal cross, at that time, the driver of the lorry bearing Reg.No.KA.28.A.3212 came in a rash and negligent manner and dashed against the car. Due to which, deceased sustained grievous injuries and died on the spot.

(3.) IT is the further case of the appellants that, deceased was aged about 39 years, hale and healthy prior to the accident and she was doing household work and also assisting her husband in his business and looking after the welfare of the family. Due to her untimely death, appellants have lost their care taker, suffered financial loss, apart from mental shock and agony.