NAGASHETTY AND ORS. Vs. BASAPPA DANOORU AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 16th April 2015, passed in MVC No. 59/2014, by the Senior Civil Judge & J.M.F.C., Motor Accident Claims Tribunal, Nanjangud, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,31,000/ - awarded in favour of the claimants as against their claim for Rs. 38,00,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the parents of deceased Kumara. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 09:30 P.M., on 02 -02 -2014, when the deceased Kumara was returning to his village on his Hero Honda Splendor Pro Motor Cycle bearing Registration No. KA -09/EY -9023, on Hunsur -Mysuru Road, near Kolagatta village, at that time, the driver of KSRTC Bus bearing Registration No. KA -09/F -1623, drove the same at a high speed and in a rash and negligent manner and dashed against the deceased. As a result, the deceased fell down and sustained grievous head injuries. Immediately, he was taken to K.R. Hospital, Mysuru for treatment and as per the advice of the Doctors, the deceased was shifted to J.S.S. Hospital, Mysuru for further treatment, but unfortunately, he succumbed to the injuries sustained in the road traffic accident on the next day, i.e. on 03/02/2014 at JSS Hospital, Mysuru.

(3.) ON account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 16th April, 2015. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 5,31,000/ - under different heads, with 9% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.