BAJI SAB Vs. H D CHANDRA KUMAR

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 9th April 2012, passed in MVC No.1402/2010, by the I Additional Senior Civil Judge & Motor Accident Claims Tribunal -VI, Shivamogga, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,63,000/ - awarded in favour of the claimants, after deducting 50% towards contributory negligence fixed on the part of the deceased, as against their claim for Rs. 65,65,000/ -, is inadequate and fixing 50% contributory negligence is liable to be set aside.

(2.) THE facts in brief are that, the claimants are the parents and minor sister of deceased Shahid. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 2:48 P.M., on 19 -08 -2010, when the deceased Shahid was riding the motor cycle bearing Registration No.KA -17/Q -7830, from Kaimara to Yedehalli along with his friend, he met with an accident on account of rash and negligent driving by the driver of Jyothi Motor Services Bus bearing Registration No.KA -14/A -2335. Due to the impact, the deceased succumbed to the grievous injuries sustained in the road traffic accident.

(3.) IT is the case of the appellants that, the deceased was aged about 24 years and the only son to his parents. He was working at Tawoos Industrial Services Company, LLC at Oman for the past three years, earning Rs. 55,000/ - per month and was hale and healthy prior to the accident. On account of the untimely and unnatural death of the deceased Shahid in the road traffic accident, the parents have lost the love and affection, social and financial security and they are also deprived of seeing the bright future progress of their son and therefore, they have to be compensated reasonably. On account of the death of the deceased Shahid, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 9th April, 2012.