(1.) Though this appeal is posted for orders, with the consent of the learned counsel appearing for both the parties, the same is taken up for final disposal.
(2.) This appeal by the claimants is directed against the judgment and award dated 13th November 2012, passed in MVC No.17/2012, by the Senior Civil Judge & Motor Accident Claims Tribunal, Challakere, (for short, Tribunal ) for enhancement of compensation on the ground that, the compensation of '3,50,500/- awarded in favour of the claimants as against their claim for '25,00,000/-, is inadequate.
(3.) The facts in brief are that, the claimants are the wife, children and mother of the deceased Basavaraj. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 1:30 P.M, on 12-12-2011, when the deceased Basavaraj and his relative Palaksha were moving in the Motor Cycle, bearing Registration No.KA-16/V-8224, in which the deceased was a pillion rider, from Challakere to Dodderi village, he met with an accident, on account of rash and negligent riding by the rider of the said vehicle. Due to the impact, the deceased sustained severe head injury and other bodily injuries all over the body. Immediately, the deceased was shifted to Challakere Government Hospital and thereafter referred to Chitradurga Government Hospital and again shifted to Davanagere. But, unfortunately, due to the gravity of the injuries sustained, the deceased succumbed to the same on 20-12-2011 at C.G. Hospital, Davangere.