K.C. SHANTHI Vs. A.M. JOYAPPA

JUDGEMENT

(1.) This appeal by the appellants-claimants is arising out of the impugned judgment and award dated 04/10/2011 passed in MVC No.130/2010, by the Civil Judge (Sr.Dn) and Motor Accident Claims Tribunal, Virajpet, (hereinafter referred to as Tribunal for short), for enhancement of compensation, on the ground that a sum of '2,79,000/- awarded by the Tribunal under different heads, with interest at 6% per annum against the claim of '76,30,000/-, on account of the death of the deceased Sri. Dilip, in the road traffic accident is inadequate.

(2.) In brief, the facts of the case are: The appellant Nos.1 to 3 are the mother and sisters of the deceased Sri. Dilip. 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 11.5.2010 at about 5.15 a.m. one Choorira Devaiah @ Raja was driving his autorickshaw bearing Reg.No.KA.12.A.681 from Virajpet to Kirgoor and when he came near Bittangala Grama Panchayath i.e. Gonikoppa-Virajpet main road, at that time, the driver of the bus bearing Reg.No.KA.12.A.2911 came from opposite direction in a rash and negligent manner and dashed to the autorickshaw. Due to which, deceased who was travelling in the said auto, including its driver died at the spot.

(3.) It is the further case of the appellants that, deceased was aged about 22 years, hale and healthy prior to the accident and used to manage and cultivate the land belonging to him apart from that, he used to cultivate ginger on lease basis by obtaining 8 acres of land for lease from K.K.Ravi of Mathoor village and earning substantially. Due to his untimely death, appellant Nos. 1 to 3 who were completely depending upon his earnings have lost their bread earner, who was their future hopes and security, apart from mental shock and agony.