ESHWARACHARI, Vs. GENERAL MANAGER, BMTC , SHANTHINAGAR

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is arising out of the impugned judgment and award dated 10/09/2012 passed in MVC No.3054/2011, by the VIII Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal -V, Bangalore City, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that a sum of Rs. 5,54,000/ - awarded by the Tribunal under different heads, with interest at 6% per annum against the claim of Rs. 40,00,000/ -, on account of the death of the deceased Sri. H.E. Arun Kumar, in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellant Nos.1 and 2 are the 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 16.3.2011 at about 5.25 p.m. when deceased was proceeding on a motor cycle bearing Reg.No.KA.04.HF.4719 along with his friend Ravikiran near Peenya, opposite to Syndicate Bank, at that time, the driver of the BMTC bus bearing Reg.No.KA.01.F.3454 came from behind and dashed against the motorcycle on which deceased was proceeding, due to which, deceased sustained grievous injuries. Immediately, he was taken to Premier Sanjiveeni hospital, wherein, Doctor declared him as dead.

(3.) IT is the further case of the appellants that, deceased was aged about 21 years, hale and healthy prior to the accident and after completing his Diploma, studying in 3rd semester B.E. Civil Engineering in BMS Evening College of Engineering, and also working as Site Engineer at M/s. Vaishnavi Groups of Company and was earning Rs. 11,606/ - per month and contributing 90% of his earnings to his family. Due to his untimely death, appellant Nos. 1 and 2 who were completely depending upon his earnings have lost their bread earner, who was their future hopes and security, apart from mental shock and agony.