KHANDIYAPPA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) THESE appeals by the claimants, parents of the deceased and by the Corporation, respectively, are directed against the same impugned judgment and award. dated 06/08/2011 passed in MVC No. 60/2010, by the Senior Civil Judge and J.M.F.C. and Member, Motor Accident Claims Tribunal, Arasikere, (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal, by its judgment and award, has awarded a sum of Rs. 4,17,000/ - awarded by the Tribunal as compensation under different heads with interest at 6% per annum from the date of petition till payment, as against the claim of Rs. 30,50,000/ -, on account of the death of the deceased Sri. Basavalinge Gowda., in the road traffic accident. It is the case of the claimants that the quantum of compensation awarded is inadequate and it requires enhancement and whereas, it is the case of the Corporation that, as the claim petition filed by the claimants under Section 163A of M.V. Act, itself is not maintainable, the question of awarding the compensation does not arise at all and the petition is liable to be dismissed.

(3.) IT is the further case of the appellants that, deceased was aged about 32 years, hale and healthy prior to the accident, and working as driver in the Corporation and earning a sum Rs. 12,000/ - per month and looking after the welfare of the family and on account of his untimely death, claimants have suffered mental shock and agony, apart from financial loss as they have lost their bread earner.