D NAGARATHNAMMA, Vs. GADILINGAPPA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 14th February 2011, passed in MVC No.139/2009, by the Senior Civil Judge & Motor Accident Claims Tribunal -IX, Harapanahalli, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,72,000/ - awarded in favour of the claimants, after deducting 60% towards contributory negligence fixed on the part of the deceased, as against their claim for Rs. 50,00,000/ -, is inadequate and fixing 60% contributory negligence is liable to be set aside or at least modified.

(2.) THE facts of the case in brief as stated in the claim petition are that, the claimants are the wife and children of deceased D. Narayanadas. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 10:00 P.M., on 29 -12 - 2006, when the deceased D. Narayanadas was travelling in his own Maruthi Car bearing Registration No.KA -04/P -1039 from Hospet to Harapanahalli via Hagari Bommanahalli, near Lakshmi Poultry farm on Hospet - Hagari Bommanahalli Road, he met with an accident, on account of rash and negligent driving by the driver of Tractor and Trailer bearing Registration No.KA -35/T -1356 and 1357. Due to the impact, the deceased sustained severe bodily injuries and immediately was taken to Hagari Bommanahalli Government Hospital and thereafter shifted to District Hospital, Davangere, where he was declared as dead.

(3.) IT is the case of the claimants/appellants that, the deceased was aged about 67 years and an Ex - M.L.A. of Harapanahalli constituency and was also Former Minister, earning a sum of Rs. 50,000/ - per month and hale and healthy prior to the accident. On account of the untimely and unnatural death of the deceased D. Narayanadas in the road traffic accident, the wife and children have lost the love and affection, social and financial security and they are also deprived of the moral support and therefore, they have to be compensated reasonably.