LAWS(KAR)-2015-1-545

SUGUNA AND ORS. Vs. SATHISH MOGAVEERA AND ORS.

Decided On January 30, 2015
Suguna And Ors. Appellant
V/S
Sathish Mogaveera And Ors. Respondents

JUDGEMENT

(1.) This appeal by the claimants is arising out of the impugned judgment and award dated 01.03.2012 passed in MVC No. 939/2009 on the file of the Presiding Officer, Fast Track Court & Motor Vehicle Accidents Claims Tribunal at Kundapura (hereinafter referred to as Tribunal' for short).

(2.) The Tribunal by its impugned judgment and award, awarded a sum of Rs. 3,21,000/ - with interest at 6% p.a., from the date of the petition till the date of deposit of the award amount as against the claim made by the claimants on account of the death of the deceased Suresh in the road traffic accident. Being aggrieved by the quantum of compensation awarded by the Tribunal as inadequate and requires enhancement, they felt necessitated to present this appeal.

(3.) In brief, the facts of the case are as under: Claimants are none other than the parents and the sister of the deceased Suresh, who was aged 22 years and working at Saligrama Town Panchayath and earning Rs. 130/ - per day. Be that as it may, the deceased met with an accident on 27.11.2008 at about 6.00 p.m., near Hegde International Factory, Gundmi Village, over NH -17 while he was riding his bicycle from Saligrama to Sasthana, over NH -17 on extreme left side of the road. At that time, the driver of the Lorry bearing Registration No. KA -20 -B -1727 drove the same in a rash and negligent manner by overtaking one bus and dashed against the bicycle, by which the deceased sustained injuries and succumbed to the said injuries.