ANUSHA AND ORS. Vs. FIROZ AHAMAD AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the impugned Judgment and Award dated 28th December 2013 passed in M.V.C. No. 1390/2012 on the file of the learned Principal Senior Civil Judge and Additional M.A.C.T., Hassan. The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 9,34,000/ - with interest at 6% p.a. from the date of petition till realization on account of the death of deceased in the road traffic accident. On the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement, the appellants have presented this appeal.

(2.) THE brief facts of the case of the claimants/appellants on hand are that, the appellant No. 1 is the wife, appellant Nos. 2 and 3 are minor children of deceased Ramesh. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation against the respondents claiming compensation of Rs. 50,00,000/ - on account of untimely death of deceased in a road traffic accident that occurred on 20.04.2012 at about 1.45 p.m. contending that when the deceased Ramesh was proceeding as pillion rider in motorbike bearing Registration No. KA -13/V -4141 along with Madhu near Kandali, on Hassan -Mangalore Road on Yagachi Bridge; at that time a lorry bearing Registration No. KA -13/B -786 being driven by its driver in a rash and negligent manner dashed against the motorbike of the deceased. Due to impact, the deceased fell down and sustained grievous injuries. Thereafter, he succumbed to the injuries in the Hospital.

(3.) THE said matter had come up for consideration before the Tribunal. The Tribunal in turn after due consideration of the oral and documentary evidence and the material available on record, assessing the income of the deceased at Rs. 5,000/ - p.m. and deducted 1/3rd towards personal expenses of the deceased, which comes to Rs. 4,333/ - per month and by applying the multiplier of 17 has awarded compensation of Rs. 8,83,932/ - towards loss of dependency and Rs. 50,000/ - towards conventional heads. In all the Tribunal awarded compensation of Rs. 9,34,000/ - with interest at 6% p.a. from the date of petition till realization. Being dissatisfied with the impugned Judgment and Award passed by the Tribunal, the appellants herein have presented this appeal seeking enhancement of compensation.