SHEETA Vs. NARASIMHA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 5th April 2011, passed in MVC No.208/2009, by the Senior Civil Judge & J.M.F.C., Additional Motor Accident Claims Tribunal, Hunsur, sitting at Periyapatna, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,25,000/ - awarded in favour of the claimants as against their claim for Rs. 33,30,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the wife and three daughters of deceased late S.R. Hanumanthaiah. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 10:00 A.M., on 22 -01 -2009, when the deceased S.R. Hanumanthaiah was going in a Motor bike bearing Registration No.KA -11/Q -3398, near Yalaneeru Bore on Hunsur -Mysore main road, he met with an accident on account of rash and negligent driving by the driver of Lorry bearing Registration No.KA -09/634. Due to the impact, the deceased S.R. Hanumanthaiah died on the spot.

(3.) IT is the case of the appellants that, the deceased was aged about 43 years and running a hair cutting saloon at Basavapattana, earning a sum of Rs. 350/ - to Rs. 400/ - per day and hale and healthy prior to the accident. On account of the untimely death of the deceased S.R. Hanumanthaiah in the road traffic accident, the claimants/ appellants have lost the love and affection, social and financial security and they are also deprived of moral support and therefore, they have to be compensated reasonably.