Y R JAYALAKSHMI, Vs. CHANDRASHEKARA K A,

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is directed against the impugned common judgment and award dated 03/07/2012 passed in MVC No.1901/2011, by the Presiding Officer, Fast Track Court -2 and Motor Accident Claims Tribunal, Hassan, (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation., on the ground that, a sum of Rs. 14,89,000/ - awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till its payment, as against the claim Rs. 90,00,000/ -, on account of the death of the deceased Sri. B.S.Manohar, in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellants are the wife 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 8.7.2011 at about 8.45 a.m. the first appellant along with her husband, deceased was proceeding in their Honda active bearing Reg.No.KA.13.U.6616 and when they were proceeding on B.M. Road, Hassan to go to Holenarasipura in front of Canara Bank, N.R. Circle, at that time, the driver of the lorry bearing No.KA.13.3054 came from N.R. Circle in a rash and negligent manner and dashed against them and it also dashed against the rider of one TVS XL and caused accident. Due to which, deceased fell down under the lorry and sustained grievous injuries. Immediately, he was shifted to Government Hospital, Hassan, where he succumbed to the injuries on the same day.

(3.) IT is the further case of the appellants that, deceased was aged about 33 years, hale and healthy prior to the accident. He was a businessman by profession, doing contract and commission agency business and also an agriculturist, owning agricultural lands and earning Rs. 30,000/ - per month and he was an income tax assessee and filed his returns, 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.