K T SRIRANGA SETTY, Vs. SHAIK MUKTIAR,

JUDGEMENT

(1.) THE appeal by the claimants/appellants and the Cross objection by the Insurer/cross objector are arising out of the same judgment and award dated 29/12/2009 passed in MVC No.417/2007, by the II Additional Civil Judge (Sr.Dn) and Motor Accident Claims Tribunal, Chitradurga, (hereinafter referred to as Tribunal for short).

(2.) THE Tribunal, by its impugned judgment and award has awarded a sum of Rs.3,01,600/ - awarded by the Tribunal under different heads, with interest at 6% per annum from the date of petition till its deposit, as against the claim of Rs.20,00,000/ -, on account of the death of the deceased Sri. C.S. Devendra, in the road traffic accident. The claimants have filed an appeal for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate and it requires to be enhanced and the cross objector/Insurer has filed a cross objection for reduction of compensation, on the ground that the compensation awarded is on higher side and is liable to be reduced.

(3.) IN brief, the facts of the case are: The claimant Nos.1 and 2 are the parents of the deceased Sri. C.S.Devendra. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 13.11.2006 at about 10.30 p.m deceased was returning to home in auto bearing Reg.No.KA.16.A.1871 after purchasing medicine and when the said auto came near Maramma Temple, Holalkere road, Chitradurga, at that time, the driver of the auto bearing Reg.No.KA.16.A.1356 came in a rash and negligent driving from opposite direction and while trying to overtake another auto, he dashed against the auto in which deceased was travelling. Due to which, deceased sustained grievous injuries. Immediately, he was shifted to District hospital and then shifted to C.J. Hospital, Davanagere, but he succumbed to the injuries on the same day.