RAZIA BEGUM, Vs. MASTER AFRID PASHA ALIAS DODAPEER

JUDGEMENT

(1.) IN the instant case, claimants/respondents 1 to 4 herein, who are minor child, mother, sister and brother of deceased are served and un -represented and the appellant is the wife of deceased, who was third respondent in the claim petition filed before the Tribunal. To meet the ends of justice and to safeguard the interest of all the parties, we permitted the learned counsel appearing for appellant to serve a copy of the memorandum of appeal on the counsel who represented the claimants before the Tribunal and to file a memo along with acknowledgment for having served the same. Accordingly, learned counsel appearing for appellant/wife of deceased has filed a memo dated 30th July 2014 and the same is taken on record. After going through the memo, it is seen that the counsel who represented the claimants before the Tribunal, Shri Rahamathulla Sharieff has duly acknowledged the receipt of the copy of memorandum of appeal.

(2.) THIS appeal by Respondent No.3 in the claim petition, i.e. wife of deceased Ansar Pasha is directed against the judgment and award dated 2nd February 2010, passed in MVC No.3306/2005, by the XIII Additional Small Cause Judge and Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH -15), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,30,600/ - awarded on account of the death of her deceased husband and also the apportionment of compensation made in her favour is on the lower side and liable to be re -determined.

(3.) THE facts in brief are that, the claimants are the minor child aged about 7 years, mother aged about 55 years, sister and brother of deceased Ansar Pasha. The wife is impleaded as third respondent before the Tribunal. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 5:30 P.M, on 19 -09 -2004, when the deceased was returning from a marriage function by driving his two wheeler motor cycle bearing Registration No.11/YV - 8724, near Bathal Palli village, Hosur Taluk, he met with an accident, on account of rash and negligent driving by the driver of a Lorry bearing Registration No.TN -37/KA -8399. Due to the impact, the deceased sustained grievous injuries. Immediately, he was shifted to NIMHANs Hospital, Bangalore, where he succumbed to the injuries.