MANJULA Vs. S A LAKSHMIPATHY,

JUDGEMENT

(1.) THIS appeal is preferred challenging the inadequacy of the compensation awarded in MVC No.543/2010 by the Motor Accident Claims Tribunal, Mysore (hereinafter referred to as 'the Tribunal' for brevity), vide judgment and award dated 31.03.2011.

(2.) THE appellants herein are the claimants before the Tribunal. They filed a claim petition under Section 166 of MV Act, consequent upon the death of late H.V.Prakash in a vehicular accident that occurred on 23.06.2010 at 4.30 p.m., at Mysore. The first appellant is the wife, appellant Nos.2 to 4 are the children of the first claimant and the deceased and appellant Nos.5 and 6 are the parents of late H.V.Prakash.

(3.) ON 23.06.2010, at about 4.30 p.m., the deceased was proceeding on his motorcycle bearing registration No.KA 09 EM 4125 near Navodaya Social Centre in between Adithya Circle and Srirampura Junction, at that time, the offending Goods Tempo bearing registration No.KA 05/D 5375 came from opposite direction in a rash and negligent manner and dashed his Motorcycle. Consequently, the deceased fell down, sustained grievous injuries and succumbed to the injuries at the spot. He was hale and healthy, aged 48 years, by working as a cloth merchant, he was earning Rs.1,50,000/ - p.a. Due to his sudden death, the claimants not only deprived of his love, affection, inspiration and guidance but also lost the only earning member of the family. Hence, they prayed for a compensation of Rs.58,70,000/ -.