LAWS(KAR)-2014-7-238

USHADEVI Vs. VASANTHA KUMAR

Decided On July 08, 2014
USHADEVI Appellant
V/S
VASANTHA KUMAR Respondents

JUDGEMENT

(1.) THOUGH these two appeals are posted for Admission, with the consent of the learned counsel appearing for the parties, the same are taken up for final disposal.

(2.) M .F.A.No.7057/2010 is filed by the first wife and son of deceased Sridhar and M.F.A.No.10999/ 2010 is filed by the second wife and daughter of deceased Sridhar. Both the appeals are directed against the same judgment and award dated 26th March 2010, passed in MVC No.2/2007, by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Itinerary Shikaripura, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 7,60,000/ - awarded in favour of the claimants as against their claim for Rs. 76,50,000/ -, is inadequate.

(3.) THE facts in brief are that, the claimants are the first wife and son of deceased and second wife and daughter of deceased Sridhar. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 9:45, on 14 -08 -2000, when the deceased was returning from the Trip to Dharmasthala and Shringeri in Tempo Trax Jeep bearing Registration No.KA -15/M -657, he met with an accident, on account of rash and negligent driving by the driver of the said Jeep near Gadikallu H/o. Hirekodige village. Due to the impact, the jeep fell in the nearly lake and the deceased also fell into the water and drowned.