H P MANI Vs. M H MOHAMMED SHARIF,

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 6th December 2010, passed in MVC No.180/2009, by the Civil Judge (Sr.Dn) and Motor Accident Claims Tribunal, Virajpet, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,03,000/ - awarded in favour of the claimants as against their claim for Rs. 35,35,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the children of deceased Palani. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 09:00 P.M, on 04 -07 -2009, when the deceased was going to his house from Virajpet Bus Stand, in Meenpet by the side of the road near Masjid in Meenpet, the driver of Autorickshaw bearing Registration No.KA -12/5218 came at high speed, in a rash and negligent manner and dashed against the deceased Palani. Due to the impact, he fell down and sustained grievous injuries. Immediately, he was shifted to Government Hospital, Virajpet. But, unfortunately, he succumbed to the injuries while under treatment on 05 -07 -2009, the next day, on account of the injuries sustained in the road traffic accident.

(3.) IT is the case of the appellants that, the deceased was aged about 46 years and a plumber, by profession, earning a sum of Rs. 400/ - per day and was hale and healthy prior to the accident. On account of the untimely death of the deceased Palani, the claimants have lost the love and affection, social and moral support apart from financial security and therefore, they have to be compensated reasonably.