HASEENTAJ AND ORS. Vs. THE MANAGING DIRECTOR, KSRTC

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 01.08.2014 passed in MVC No. 94/2013 on the file of the Additional Senior Civil Judge, Ramanagara, (hereinafter referred to as 'Tribunal' for short) seeking to enhance the compensation.

(2.) THE Tribunal by its judgment and award has awarded compensation of Rs. 5,07,277/ - under different heads with interest at 6% per annum from the date of petition till the realisation, as against the claim of the appellants on account of the death of the deceased -Mohd. Ali in the road traffic accident and the quantum of compensation awarded by the Tribunal is inadequate and it is required to be enhanced. In brief, the facts of the case are:

(3.) IT is the case of the claimants that on 08.04.2013 at about 04.50 p.m. when the deceased was traveling in an auto rickshaw bearing Reg. No. KA -55 -2330 on Channapatna -Sathnur Road, at that time, a KSRTC bus bearing No. KA -42 -F -200 came in a high speed with rash and negligent manner, being driven by its driver, suddenly turned the bus and dashed against the auto rickshaw, due to which the deceased sustained fatal injuries. He was shifted to Channapatna Government hospital and later sent to BGS Global Hospital, Bengaluru and K.R. Hospital, Bengaluru, where he succumbed to the injuries on 14.04.2013. It is further the case of the appellants that the deceased was aged about 59 years, working as fixing of horse shoe for cattles, earning Rs. 15,000/ - per month. He was the sole bread earner of the family. Entire family was depending upon the income of the deceased. On account of his untimely death, the wife has lost her life partner and the children have lost love and affection, guidance, inspiration and security in life. It has also affected social, moral and economic condition of the family. Therefore, they were constrained to file a claim petition against the respondent claiming compensation. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on record, allowed the claim petition in part, awarding compensation of Rs. 5,07,277/ - under different heads with interest at 6% p.a., from the date of petition till the date of realisation. Not being satisfied with the impugned judgment and award passed by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.