LAWS(KAR)-2014-4-358

PRABHA S, Vs. P A RANJAN,

Decided On April 25, 2014
Prabha S, Appellant
V/S
P A Ranjan, Respondents

JUDGEMENT

(1.) THOUGH this matter is posted today in orders list, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal.

(2.) THIS appeal by the appellants -claimants is directed against the impugned judgment and award dated 16/07/2012 passed in MVC No.4252/2011, by the XIX Additional Small Causes Judge and XLI ACMM and Motor Accident Claims Tribunal, Bangalore (SCCH - 17), (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation., on the ground that, a sum of Rs. 5,36,000/ - awarded by the Tribunal under different heads with interest at 8% per annum from the date of petition till its realization, as against the claim Rs. 25,00,000/ -, on account of the death of the deceased Sri.M.V.Venkatesh, in the road traffic accident is inadequate.

(3.) IN brief, the facts of the case are: The appellants are the wife, children and mother 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 1.5.2011 at about 3 -00 p.m. when deceased was boarding the bus bearing Reg.No.KA.10.3130 at Jnanabharathi bus stop, on Mysore road, Bangalore, at that time, the driver of the bus without observing the persons who were boarding the bus suddenly moved the same at high speed in a rash and negligent manner, due to which, he fell down and sustained grievous head injuries. Immediately, he was shifted to NIMHANS hospital and then shifted to Government Hospital, Chennapatna, but inspite of better treatment he succumbed to the injuries on 25.5.2011 at 6.00 a.m.