PADMAVATHI Vs. RAMANNA

JUDGEMENT

(1.) THIS appeal is filed by the claimants against the impugned judgment and award dated 18.09.2013 passed in MVC No.173/2012 on the file of the VIII Additional SCJ & XXXIII ACMM, Member, MACT at Bengaluru (SCCH -5), (hereinafter referred to as 'Tribunal' for brevity) awarding compensation of Rs.10,47,800/ - with interest at 6% p.a. from the date of petition till the date of realisation, on account of the death of A.S.Krishnamurthy in a road traffic accident. On the ground that the quantum of compensation awarded by the Tribunal is on the lower side, the claimants have presented this appeal.

(2.) BRIEF facts of the case in hand are:

(3.) IT is the further case of the claimants that they have lost the head of the family. The claimants contend that they were depending on the deceased for their livelihood and they have lost love and affection, inspiration and guidance and the mother of the deceased has suffered mental pain and agony. The deceased was an agriculturist and businessman owning a flour mill and a Ragi Cleaning machine, getting an income of Rs.20,000/ - p.m. They also contend that the deceased was the only bread winner of the family and the first appellant has lost her soul mate , the minor children have lost moral support of the deceased and the mother is deprived of seeing the bright future of her son. On account of the untimely death of the deceased, the appellants - claimants were constrained to file a claim petition under Section 166 of the M.V.Act claiming compensation of Rs.30,00,000/ - against the respondents on account of the death of A.S.Krishnamurthy in road traffic accident. The claim petition filed by the claimants came up for consideration before the Tribunal and the Tribunal in turn after perusal of the oral and documentary evidence available on file, allowed the claim petition in part awarding a sum of Rs.10,47,800/ - under different heads with interest at 6% p.a. from the date of petition till the date of realisation. Being dissatisfied with the same, the claimants have presented this appeal.