LAWS(KAR)-2014-1-421

KENCHAMMA, Vs. NISAR AHAMMED,

Decided On January 21, 2014
Kenchamma, Appellant
V/S
Nisar Ahammed, Respondents

JUDGEMENT

(1.) THOUGH this matter is posted for Admission, the same is taken up for final disposal, with the consent of the learned counsel appearing for the parties.

(2.) THIS appeal by the claimants is directed against the common judgment and award dated 3rd February 2012, passed in MVC No.363/2011, by the II Additional District Judge, Motor Accident Claims Tribunal -III, Davangere, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,84,000/ - awarded in favour of the claimants as against their claim for Rs. 25,00,000/ -, is inadequate.

(3.) THE facts in brief are that, the claimants are the mother, wife and two minor children of the deceased Parasappa @ Parashuramappa. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 3:00 P.M, on 05 -03 -2011, when the deceased was moving on a Motor Cycle, bearing Registration No.KA -25/B -9649, near Amaravathi of Harihara, P.B. Road, the driver of Lorry bearing Registration No.KA -25/B -9649, drove the said vehicle at high speed, in a rash and negligent manner and dashed against the motor cycle, in which the deceased was moving. Due to the impact, the deceased suffered severe injuries and succumbed to the same at the spot.