VIJAY KUMARI Vs. H RANGAPPA

JUDGEMENT

(1.) THIS appeal is filed against the judgment and award dated 2nd August 2011 passed in M.V.C.No.117/2009 by the M.A.C.T. -IV, Davangere, challenging the inadequacy of the compensation amount.

(2.) BY the impugned award, the Tribunal has awarded a compensation of Rs.5,91,000/ - with interest @ 6% from the date of petition till its recovery in favour of the appellants herein, who were the claimants before the Tribunal. First appellant is the wife and appellant Nos.2 and 3 are the children of deceased T.S.Guruswamy. On his death in the vehicular accident dated 2.1.2008, the appellants made a claim under Section 166 of the Motor Vehicles Act before the Tribunal seeking compensation of Rs.25,00,000/ -.

(3.) THE case of the claimants was that, on 2.1.2008 at about 4.00 p.m., while the deceased Guruswamy, was engaged in his duty near Haluvarthi in National Highway passing through Davangere, in Aradhya Steel Wire Pvt.Ltd.Company, the first respondent/driver of the lorry bearing registration No.KA -25/A -5497 took the vehicle in reverse direction in a rash and negligent manner, hit Guruswamy from his back side, resultantly he fell down and sustained grievous injuries all over his body; immediately he was being shifted to the hospital, on the way to the hospital, he succumbed to the injuries. The said claim petition was contested.