SWETHA AND OTHERS Vs. AKRAM AND OTHERS

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 4th May 2012, passed in MVC No. 45/2011, by the Senior Civil Judge, Motor Accident Claims Tribunal, Nanjanagudu, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.5,19,550.00 awarded in favour of the claimants as against their claim for Rs.29,40,000.00, is inadequate.

(2.) The facts in brief are that, the claimants are the wife, minor daughter and parents of the deceased Krishna. They filed the claim petition under Sec. 166 of the Motor Vehicles Act, contending that, at about 9:00 p.m, on 28th May, 2011, when the deceased Krishna was riding pillion in the motor bike bearing Registration No. KA-09/EM-6988, ridden by one Lokesh, on Mysuru-Nanjangud Road, near Tandavapura Holi Church, on the extreme left side of the road, they met with an accident on account of rash and negligent driving by the driver of Lorry bearing Registration No. KA-01/4886. As result of the same, the deceased sustained grievous injuries and was immediately shifted to Hospital. But, unfortunately, he died on 30th May, 2011, after three days on account of the grievous injuries sustained in the road traffic accident, as the treatment did not yield any result.

(3.) It is the case of the appellants that, the deceased was aged about 25 years, an agriculturist and also Coolie, earning a sum of Rs.8,000.00 per month and hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the sole earning member in the family and the entire family was dependent on his income and apart from that, they have lost the love and affection, inspiration and guidance, other than social, financial and moral support and therefore, they have to be compensated reasonably.