RAHAMATHUNNISA, Vs. M BALACHANDRAGOWDA,

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is directed against the impugned judgment and award dated 31/3/2012 passed in MVC No.277/2010 on the file of the Presiding Officer, Fast Track Court and Member, Motor Accident Claims Tribunal, Chikmagalur, (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation., on the ground that, a sum of Rs. 5,79,000/ - awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till its realization, as against the claim of Rs. 40,00,000/ -, on account of the death of the deceased Sri.Nayeem Khurum, in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellants are the wife, minor daughter 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 8.2.2010 at about 6 -30 p.m. when the deceased was returning to Chikmagalur from Timber Coupe of Gonibeedu on Hero Honda CD 100 motor cycle bearing Reg.No.KA.18.E.8404, and when he came near Kelagur in front of Estate of one Sundara on State High way No.64, the driver of the lorry bearing Reg.No.KA.18.C.2426 came in a rash and negligent manner with great speed and dashed against the motor cycle. Due to which, deceased sustained grievous injuries to his head and other pats of the body. Immediately, he was taken to M.G. Hospital, Chikmagalur and after first aid, he was taken to Bangalore, and on the way to Bangalore near Channarayapatna, he succumbed to the injuries.

(3.) IT is the further case of the appellants that, deceased was aged about 28 years, hale and healthy prior to the accident and he was a Timber merchant and earning more than Rs. 45,000/ - per month and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.