NAGAVENI, Vs. MALLIKARJUNA, BYRATHI VILLAGE, DODDAGUBBI POST

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 14th July 2011, passed in MVC No.871/2010, by the XI Additional Judge, Court of Small Causes, Motor Accident Claims Tribunal, Bangalore City (SCCH -12), (for short, Tribunal ) for enhancement of compensation on the ground that, the compensation of Rs.16,49,265/ - awarded in favour of the claimants as against their claim for Rs.80,00,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the wife and major children and mother of the deceased Shantha Kumar Gowda. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 12:30 P.M, on 03 -01 -2010, when the deceased was riding his Motor Cycle, bearing Registration No.KA -04/X -3893, on the left side of the Old Madras Road, Near Chandana Motors, K.R. Puram, at that time, driver of the Lorry bearing Registration No.MH -04/P -5434, being driven by its driver in a rash and negligent manner and at a high speed, came and dashed against the motor cycle of the deceased. Due to the impact, the deceased sustained grievous injuries . Immediately, he was shifted to Bowring Hospital, where he took first -aid and thereafter shifted to Manipal Hospital, where he took treatment as in -patient and undergone six surgeries. But, unfortunately, he died during the course of treatment and lateron his body was shifted to Bowring and Lady Curzon Hospital for post mortem examination.

(3.) IT is the case of the appellants that, the deceased was aged about 52 years and working as Marketing Executive, earning a sum of Rs.42,000/ - 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.