PADMAMMA Vs. H.B. RAMEGOWDA AND ORS.

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 7th February 2013, passed in MVC No. 01/2010, by the Senior Civil Judge & J.M.F.C, K.R Pet, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,71,000/ - awarded in favour of the claimant as against her claim for Rs. 26,77,000/ -, is inadequate.

(2.) The facts in brief are that, the sole claimant is none other than the mother of deceased M.A. Ananda. She filed the claim petition under Sec. 166 of the Motor Vehicles Act, contending that at about 10:30 P.M, on 05 -09 -2009, when the deceased was returning back to his native village Malagur in Bajaj Pulsor Motor Cycle bearing Registration No. KA -45/J -3831 as pillion rider, the rider of motor cycle near KEB Sub station cross Nagamangala -Shravanabelagola main road, rode the same at a high speed, in a rash and negligent manner and dashed against the deceased, due to which, the deceased sustained multiplier grievous injuries to several vital part of the body, viz. head, nose, ears, forehead, fracture of frontal bone and injury to brain, etc. and immediately he was taken to Hospital and on the way, unfortunately, he succumbed to the said injuries sustained in the road traffic accident.

(3.) It is the case of the appellant that, the deceased was aged about 29 years and an agriculturist, owning coconut and Arecanut garden, growing commercial crops like banana, sugarcane, etc. apart from owning a TATA Sumo Car, renting the same on hire basis and also owner cum -driver of the said Car, earning a sum of Rs. 25,000/ - per month and hale and healthy prior to the accident. On account of the untimely death of the deceased, the sole claimant/mother has lost the love and affection, social and moral support apart from financial security and therefore, she has to be compensated reasonably.