PUTTANARASAIAH, Vs. SHIVAKUMAR,

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is arising out of the impugned judgment and award dated 23/09/2011 passed in MVC No.4339/2010, by the XX Additional Judge & XVIII ACMM & Motor Accident Claims Tribunal, Bangalore (ACMM -18), (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that a sum of Rs. 4,18,000/ - awarded by the Tribunal under different heads, with interest at 6% per annum against the claim of Rs. 25,00,000/ -, on account of the death of the deceased Sri. N.P.Kumara, in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellant Nos.1 and 2 are the 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 11.6.2010 at about 8.50 a.m when the deceased was standing near Vishwanathpura Gate, Magadi - Huliyurdurga road, Magadi Taluk to purchase Tomato plants, at that time, the driver of the bus bearing Reg.No.KA.01.C.3222 came in a rash and negligent manner while coming from Magadi side and dashed against the TVS XL moped bearing Reg.No.KA.52.B.6331 on which, one Narayana and Nataraj were proceeding, due to which, Narayana fell down and bus ran over the head of Narayana and he succumbed to the injuries on the spot and Nataraja sustained injuries. The rear wheel of the said bus dragged Kumara for some distance and ran over him and he succumbed to the injuries on the spot.

(3.) IT is the further case of the appellants that, deceased was aged about 21 years, hale and healthy prior to the accident. He was studying in Final year B.A. and doing agricultural work and also working at Spinning Mill and earning Rs. 7,500/ - per month. Due to his untimely death, appellant Nos. 1 and 2 who were completely depending upon his earnings have lost their son, who was their future hopes and security, apart from mental shock and agony.