SUJATHA Vs. RANGASHETTY ALIAS RANGASWAMY

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is directed against the impugned common judgment and award dated 25/09/2009 passed in MVC No.22/2009 (Old No.40/2004), by the Presiding Officer, Fast Track Court, Hunsur, (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation., on the ground that, a sum of Rs. 3,93,000/ - awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till its realization against the claim of Rs. 19,55,000/ -, on account of the death of the deceased Sri. Ravi, in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellants are the wife, two minor children and father 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 26.11.2003 at about 8.30 p.m. deceased and other passengers were proceeding in a Mahindra Tempo bearing Reg.No.KA.30.1644 from Hunsur to Vaddambalu and Heggandooru village and when it came near Bye pass road near Taluk Office, Hunsur, at that time, the driver of the lorry bearing Reg.No.MED 2626 came in a rash and negligent driving and dashed against the Mahindra Tempo. Due to which, deceased and others sustained grievous injuries. Immediately, he was shifted to General Hospital, Hunsur, then to K.R. Hospital Mysore and then to NIMHANS, Bangalore, where he was treated for a period of nine days and thereafter, he died on 5.12.2003.

(3.) IT is the further case of the appellants that, deceased was aged about 33 years, hale and healthy prior to the accident. He was Barber by profession and running a barbershop and earning Rs. 10,000/ - per month and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.