THIMMAKKA Vs. ALKURABOVI

JUDGEMENT

(1.) This appeal by the claimants is directed against the impugned judgment and award dated 10th September 2012, passed in MVC No.50/2011, by the I Additional Senior Civil Judge & Motor Accident Claims Tribunal-V, Chitradurga, (for short, 'Tribunal'), seeking enhancement of compensation, on the ground that the compensation awarded by Tribunal is on the lower side.

(2.) The facts in brief are that, the claimants are the mother and sister of the deceased Anjinappa S/o. Alkurappa. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 10:15 P.M, on 31-10-2010, when the deceased after loading bricks in the Lorry bearing Registration No.KA- 16/A-2818, at Hiriyur and proceeding towards Bogalerahatty, near Chikkagondanahalli- Koncheramalige, the driver of the said Lorry drove the same, at high speed, in a rash and negligent manner and dashed against the front going lorry bearing Registration No.KA-06/B-5681 to its hind portion. Due to the impact, the deceased sustained grievous injuries and died on the spot.

(3.) It is the case of the appellants that, the deceased was aged about 20 years and working as cleaner in the Lorry, earning a sum of Rs. 6,000/- per month and hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, they have to be compensated reasonably.