MAMTAZ BEGUM Vs. K SARAVANAN

JUDGEMENT

(1.) THIS appeal is preferred by the claimants/appellants against the judgment and award dated 9th October 2012 passed in M.V.C.No.7012/2011 by the M.A.C.T., Bangalore (SCCH -17) (hereinafter referred to as 'the Tribunal'), challenging the inadequacy of the compensation amount.

(2.) THE appellants are the wife and children of deceased Syed Shafiulla, who died in the vehicular accident on 27.10.2011. On his death, the appellants filed a claim petition under Section 166 of the Motor Vehicles Act, claiming a compensation of Rs.20 lakhs.

(3.) THEIR case was that, on the said date at 7.20 p.m., while the deceased was proceeding on his TVS XL moped bearing registration No.KA -53/H -9591 slowly and cautiously on N.H.4 near Goutham Colony Cross at Hosakote town, the offending lorry bearing registration No.TN -73/A -5499 came from opposite direction at high speed in a rash and negligent manner and dashed against the moped. Due to the said impact, the deceased fell down and sustained grievous injuries and succumbed to the said injuries. He was aged 45 years, as Proprietor of Taj Hotel was earning Rs.10,000/ - per month; he was contributing his entire earning for the welfare and maintenance of his family, due to his untimely death, the family lost its sole earning member and also his love and affection. The petition was contested. However, the Insurance Company admitted covering the risk of the owner of the lorry bearing registration No.TN -73/A -5499 under a policy. After recording the evidence and hearing both parties, on appreciation of both oral and documentary evidence, the Tribunal held that the deceased was earning Rs.4,000/ - per month and awarded compensation of Rs.4,91,000/ -.