S CHAITHANYA MURTHY Vs. SHAGUFTA KHANUM

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 15.09.2011 passed in MVC No.1794/2009 on the file of the I Additional SCJ and MACT, Bangalore (SCCH -11) (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation.

(2.) THE Tribunal by its judgment and award has awarded a sum of Rs.10,70,000/ - under different heads with interest at 6% per annum from the date of petition till the date of realisation, as against the claim of the claimants for a sum of Rs. 63,50,000/ -, on account of the death of the deceased -C. Manasa, in the road traffic accident.

(3.) IN brief, the facts of the case are: Appellant Nos.1 and 2 are the parents of the deceased. They have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation of Rs.63,50,000/ - against the respondents, on account of the death of the deceased in the road traffic accident, that occurred on 28.01.2009, at 2.30 pm near Jyothi Farm, Bangalore - Kanakapura Road. The driver of the lorry bearing Reg.No.KA -14 -D -156 owned by respondent No.1 and insured with the respondent No.2, drove the same in high speed, in a rash and negligent manner and abruptly without any signal or indication, applied the brake and stopped the same. At that time, rider of the motor cycle bearing Reg.No.KA -41 -E -2843, who was proceeding behind the said lorry dashed against the lorry from its hind side. Due the impact, the deceased, who was also travelling as a pillion rider on the motor cycle was thrown from the motor cycle and sustained severe head injuries. She has been admitted to the hospital. Inspite of all efforts by the Doctor, she could not be saved. She succumbed to the injury on the same day. The appellants contend that, the deceased was aged about 23 years at the time of accident and she was studying in 8th Semester B.E. (Computer Science) at A.P.S. College, Somanahalli. She was the only daughter of the parents. Due to her untimely death, they suffered pain and agony, love and affection and lost the moral, social and financial support to the family. They have been deprived to see the bright future of their only daughter. Therefore, they filed claim petition under Section 166 of MV Act claiming compensation. The said claim petition had come up for consideration before the Tribunal. The Tribunal taking the age, avocation and year of the accident, assessed the income of the deceased at Rs. 12,000/ - per month and after deducting 50% towards personal expenses, by taking the age of the younger parent, applied multiplier of '14' and awarded Rs.10,08,000/ - towards loss of dependency and Rs.62,000/ - towards conventional heads including medical expenses. In all, the Tribunal has awarded a sum of Rs.10,70,000/ - with interest at 6% p.a. from the date of petition till realisation. Not being satisfied with the compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.