SHARADHA Vs. PRAVEEN ACHARI

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 04.01.2012 passed in MVC No.212/2011 on the file of the Presiding Officer, Fast Track Court & MACT, Kundapura, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation.

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.8,80,000/ - with interest at 6% p.a., from the date of petition till its realization as against the claim of the claimants on account of the death of the deceased -Sathish M., in the road traffic accident.

(3.) IN brief, the facts of the case are: The appellants are none other than the parents of the deceased and they have 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 -Santish M., in the hospital, due to the injuries sustained in the road traffic accident, which occurred on 26.11.2010 at about 9.00 p.m., near Mookambika, Cashew Factory, Theggarse Village, Kundapura Taluk, on the side of the road, due to the rash and negligent driving by the driver of Tata Indica Car bearing Reg. No.KA -20/A - 7100. It is the case of the claimants that, the deceased was aged about 34 years at the time of accident, hale and healthy and by working as a Conductor in KSRTC he was drawing salary of Rs.11,219 -71 per month as per Ex.P14 and looking after the welfare of the claimants. Deceased used to spend the entire earnings to the welfare of the family, as he was the only earning member in the family. Due to his untimely death, claimants suffered mental pain and agony and lost moral, social and economic support of the family, as he was the hope and security of the parents. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs.8,80,000/ - under different heads with interest at 6% p.a., from the date of petition till the date of deposit. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.