REHANA EASMIN; MASTER MOHAMMED ROUNAQ BADSA; BIBI JAMILA Vs. MANAGING DIRECTOR, APSRTC; DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 29th October 2013, passed in MVC No.1057/2013, by the VII Additional Judge, Member, Motor Accident Claims Tribunal-3, Court of Small Causes, Bangalore (SCCH-3), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 9,61,000/- awarded in favour of the claimants as against their claim for Rs. 25,00,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the wife, minor child and mother of the deceased Zameed Badsa. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 8:00 P.M, on 26-10-2012, when the deceased Zameed Badsa was proceeding on the Motor Cycle bearing Registration No.KA-01/EZ-3319 on Kasturba Road near Balekundre circle, Bangalore, a APSRTC Bus bearing Registration No.AP-29/Z-2300 being driven by its driver, drove the same at a high speed, in a rash and negligent manner and dashed against the vehicle of the deceased. Due to the impact, the deceased fell down and came under the right rear wheel of the said Bus due to which, the deceased succumbed to the injuries on the way to the Hospital.

(3.) It is the case of the appellants that, the deceased was aged about 30 years and working as Proprietor cum gold smith of M/s. Rehana Gold Jewellery work, Bangalore, earning Rs. 30,000/- 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.