PAVITHRA G K, Vs. H MANJUNATH,

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 16th July 2012, passed in MVC No.5069/2011, by the I Additional Small Cause Judge & Motor Accident Claims Tribunal, Bangalore (SCCH -11), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,56,500/ - awarded in favour of the claimants, after deducting 50% towards contributory negligence from Rs. 5,13,000/ - as against their claim for Rs. 30,00,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the wife and two minor children of deceased C.Chaluvaiahah. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 4:05 P.M., on 01 -06 -2011, when the deceased C. Chaluvaiah along with his friend was proceeding on a Hero Honda Passion Motor cycle bearing Registration No.KA -11/V -3027, near NH -48, Bommenahalli Road, Nagamangala Taluk, Mandya District, at that time, a Tractor and Trailer, bearing Registration No.KA -54/T - 29 -30 was proceeding on the said road in front of the motor cycle on which the deceased was riding. The driver of the Tractor and Trailer rashly and negligently, without observing the traffic rules, suddenly turned to the right side of the road and touched to the motor cycle of the deceased. As a result, the deceased fell down on the road and the Tractor and Trailer ran over the deceased and he sustained grievous bleeding injuries.

(3.) IT is the case of the appellants that, the deceased was aged about 40 years and working as a Junior Health Assistant at Primary Health Center at Basaralu, Mandya District, getting salary of Rs. 13,053/ - per month and hale and healthy prior to the accident. On account of the untimely death of the deceased C. Chaluvaiah in the road traffic accident, the claimants/ appellants have lost the love and affection, social and financial security and they are also deprived of moral support and the children have lost the inspiration and guidance from their father at their tender ages and therefore, they have to be compensated reasonably.