SHANTHAMMA Vs. N.MANOHARA

JUDGEMENT

(1.) THOUGH this appeal is posted for Admission, the same is taken up for final disposal, with the consent of the learned counsel appearing for the parties. This appeal by the claimants is directed against the judgment and award dated 16th March 2012, passed in MVC No. 420/2010, by the Presiding Officer, Fast Track Court -I, Member, Additional Motor Accident Claims Tribunal, Mysore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,34,000/ - awarded in favour of the claimants as against their claim for Rs. 22,40,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the wife and children of deceased S. Srinivasa. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 5:15 A.M. on 06 -02 -2010, when the deceased and others were proceeding in KSRTC Bus bearing Registration No. KA -09/F -3496, towards Nanjangud from Mysore, near Mahadeshwara Petrol Bunk, Thandya village, in Mysore -Ooty Main Road, at that time, the driver of the said Bus drove the same at high speed, in a rash and negligent manner and dashed against the Lorry bearing registration No.KA -12/7029, which was parked by the side of the road. Due to the impact, the deceased sustained grievous injuries and died on the spot. Immediately, the dead body was taken to Government Hospital, Nanjangud for post mortem examination.

(3.) ON account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 16th March, 2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 4,34,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.