BABITHA KUMARI Vs. K. HARISH

JUDGEMENT

(1.) Though this matter is posted today in orders list, with the consent of learned counsel for both the parties, the same is taken up for final disposal.

(2.) This appeal by the appellants-claimants is directed against the impugned common judgment and award dated 02/04/2012 passed in MVC No.840/2010, by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Shimoga, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that, a sum of Rs. 14,20,845/- awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till its deposit against the claim of Rs. 41,20,845/-, on account of the death of the deceased Sri. K.Praneshappa @ Pranesh, in the road traffic accident is inadequate.

(3.) In brief, the facts of the case are: The appellants are the wife, minor children and parents of the deceased. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 19.4.2010 at about 6.30 p.m. when the deceased along with his wife Babitha Kumari were coming in the motor cycle bearing Reg.No.KA.14.X.5363 from Shivamogga to his wife's house at Harige and when they came near MRS, at that time, the rider of the Motor cycle bearing Reg.No.KA.14.S.6201 came from Harige side in a rash and negligent manner and dashed against their motor bike and caused the accident. Due to which, deceased fell down and sustained severe injuries. Immediately, he was shifted to Nanjappa Hospital, then to Shekar Hospital, Bangalore and then to NIMHANS where he died.