KRISHNAMMA Vs. A.L. SHANKARAPPA

JUDGEMENT

(1.) Though this appeal is posted for Orders, the same is taken up for final disposal, with the consent of the learned counsel appearing for the parties.

(2.) This appeal by the claimants is directed against the judgment and award dated 1st December 2009, passed in MVC No.483/2002, by the I Additional District and Sessions Judge, Motor Accident Claims Tribunal, Bangalore Rural District, Bangalore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,35,000/- awarded in favour of the claimants as against their claim for Rs. 20,00,000/-, is inadequate.

(3.) The facts in brief are that, the claimants are the wife and daughter of deceased Kempanna. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 2:30 P.M, on 18- 06-2002, when the deceased Kempanna was walking/proceeding on Bangalore-Bellary Road near Aunti Hotel in Devanahalli, the drive of the Maruthi Van bearing Registration No.KA-01/M-956 drove the same at a high speed, in a rash and negligent manner and dashed against him. Due to the impact, he fell down and sustained fatal injuries and immediately he was taken to Government Hospital, Devanahalli. But, unfortunately, he died on the way of the Hospital.