GOOJABAI, Vs. ARJUNMAN ARA ALIAS ARJUN ARA,

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 30th October 2010, passed in MVC No.7606/2009, by the VII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal -3, Bangalore (SCCH -3), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 6,82,000/ - awarded in favour of the claimants as against their claim for Rs. 30,00,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the wife aged about 23 years, three minor children, aged about 4 years, 2 1/2 years and 1 year and parents of the deceased Santhosh Totha Ram, aged about 55 years and 50 years respectively. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 2:30 P.M, on 30 -09 -2009, when the deceased Santhosh Totha Ram along with another person had been to Kunigal on business, and returning from Kunigal in a Motor bike, bearing Registration No.GA -08/U -3021, as a pillion rider, he met with an accident, near Talekre Handpost, NH -48, Kunigal - Bangalore Road, on account of rash and negligent driving by the driver of Tata Ace bearing Registration No.KA -50/3167 coming from Bangalore side to Kunigal side. Due to the impact, the deceased fell down and sustained injuries all over the body and succumbed to the same on the spot. The dead body of the deceased was shifted to Government Hospital, Nelamangala, where post -mortem was conducted.

(3.) IT is the case of the appellants that, the deceased was aged about 28 years and a road side hawker selling bed sheets and watches, earning a sum of Rs. 9,000/ - per month and hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, they have to be compensated reasonably.