D. CHANDRAKALA AND ORS. Vs. MURTHY AND ORS.

JUDGEMENT

(1.) Though this appeal is posted for orders, the same is taken up for final disposal with the consent of the learned counsel appearing for both the parties.

(2.) This appeal by the claimants is directed against the judgment and award dated 20th May 2009, passed in MVC No. 92/2007, by the Judge, Court of Small Causes & Civil Judge (Sr. Dn), Motor Accident Claims Tribunal, Mysore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 7,88,000/ - awarded in favour of the claimants as against their claim for Rs. 62,10,000/ -, is inadequate.

(3.) The facts in brief are that, the claimants are the wife, two minor children and parents of the deceased B.S. Mahadeviah. They filed the claim petition under Sec. 166 of the Motor Vehicles Act, contending that, at about 10:30 PM, on 09 -01 -2006, when the deceased was moving on his motor bike bearing Registration No. KA -09/EB -729, on Bannur -Mysore Road, the driver of Maxi Cab bearing Registration No. KA -09/A -1711, came at a high speed, in a rash and negligent manner and dashed against the motor bike of the deceased. Due to the impact, the deceased sustained grievous injuries and was immediately shifted to Gopalagowda Hospital, but unfortunately, he succumbed to the injuries sustained in the road traffic accident, on the same day.