K. SURYA PRABHA Vs. LEELAVATHI AND ORS.

JUDGEMENT

(1.) THIS is claimant's appeal filed against the impugned judgment and award dated 4th October 2012 passed in MVC No. 4708/2011 on the file of the XI Additional Judge & MACT, Court of Small Causes, Bangalore City (SCCH -12) (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation.

(2.) THE Tribunal by its judgment and award has awarded a sum of Rs. 8,67,000/ - under different heads with interest at 6% per annum from the date of petition till the date of deposit as against the claim of the claimant for a sum of Rs. 30,00,000/ -, on account of the death of the deceased late Sri M Suresh A Babu @ M Suresh Kumar in the road traffic accident and directed the 1st respondent -owner of the Vehicle to pay the compensation. Not being satisfied with the compensation awarded by the Tribunal, the appellant has presented this appeal, for enhancement of compensation and to set aside the direction issued to the 1st respondent to indemnify the award.

(3.) THE said claim petition had come up for consideration before the Tribunal. The appellant examined herself as PW1 and M Ramesh as PW2 and got marked documents as Exs. P1 to P11. The respondents have examined RW1 and RW2 and got marked documents at Exs. R1 to R5. The Tribunal after appreciating the oral and documentary evidence and other material available on record, has allowed the claim petition in part and awarded compensation of Rs. 8,67,000/ - under different heads with interest at 6% p.a., from the date of petition till the date of deposit and directed the 1st respondent/owner of vehicle to indemnify the award amount. Not being satisfied with the compensation awarded by the Tribunal and also the directions issued to the owner of the offending vehicle to indemnify the award, appellant has presented this appeal, for enhancement of compensation and also to set aside the direction issued to the owner to indemnify the award.