NETHRAMMA AND ORS Vs. ZAHIR AND ORS

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 18th April 2015, passed in MVC No. 92/2013, by the Senior Civil Judge and J.M.F.C., Motor Accident Claims Tribunal, Nanjangud, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 16,74,000/- awarded in favour of the claimants as against their claim for Rs. 86,25,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the wife, minor child and parents of the deceased Kotagi Kodadappa. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 5:40 P.M., on 14-09-2013, when the deceased was traveling as a pillion rider along with one Purushothama who was riding the Motor Cycle bearing Registration No. KA-06/EJ-2283, slowly and cautiously, near Mysuru-Ooty Main Road, near Mandakalli Airport, at that time, the driver of Lorry bearing Registration No. KA-09/238 came at a high speed, in a rash and negligent manner and dashed against the motor cycle of deceased from its backside. Due to the impact, the deceased fell down and the Lorry went on the body of deceased and he died on the spot.

(3.) It is the case of the appellants that, the deceased was aged about 32 years, working as Technical Associate at U.B. Group company and earning Rs. 15,000/- 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.