LAWS(KAR)-2015-10-203

RATHNAMMA AND ORS. Vs. M. SELVARAJ AND ORS.

Decided On October 29, 2015
Rathnamma And Ors. Appellant
V/S
M. Selvaraj And Ors. Respondents

JUDGEMENT

(1.) THOUGH this matter is posted for orders, the same is taken up for final disposal with the consent of the learned counsel for the parties.

(2.) THE facts in brief are that, the claimants are the wife, two major children and mother of the deceased N. Subramani. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 5:30 P.M, on 07 -07 -2011, when the deceased was proceeding in TVS -50 Motor Cycle bearing Registration No. TN -29/W -8723 slowly and cautiously from Attipalli towards his village, after crossing Zuzuwadi Lake near Tirumala Company, the driver of Mini Lorry bearing Registration No. KA -05/B -1156 came at a high speed, in a rash and negligent manner, so as to endanger human life, dashed against the vehicle of the deceased from opposite direction. Due to the impact, the deceased suffered severe injuries and died on the spot.

(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 2nd August, 2013. 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. 7,73,100/ - under different heads, with 6% 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.