VINODAMMA AND ORS. Vs. DAYANANDA AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 22nd September 2011, passed in MVC No. 103/2009, by the Senior Civil Judge, Member, Additional Motor Accident Claims Tribunal, Hiriyur, (for short, 'Tribunal'), for enhancement of compensation on the ground that, the compensation of Rs. 12,34,480/ - awarded in favour of the claimants as against their claim for Rs. 50,00,000/ -, is inadequate.

(2.) ON account of the death of the deceased Thimmappa in the road traffic accident, the claimants, who are none other than the wife and four children filed the claim petition before the Tribunal, impleading the mother of the deceased as Respondent No. 3 in the claim petition, seeking compensation of a sum of Rs. 50.00 lakhs against the owner and Insurer of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 22nd September, 2011. 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 compensation of a sum of Rs. 12,34,480/ - with interest at 6% per annum, from the date of petition till the date of realization and directed the first respondent - owner of the offending vehicle to indemnify the award. Being aggrieved by the quantum of compensation and also the direction issued to the Owner to indemnify the award, the claimants have filed this appeal, seeking reasonable compensation on account of the death of the deceased in the road traffic accident and also to set aside the direction issue to the Owner and fasten the said liability on the Insurer of the offending vehicle.

(3.) LEARNED counsel appearing for appellants, Shri. R. Shashidhara, after going through the original records submitted that, due to inadvertence and communication gap between the claimants and the counsel who represented them before the Tribunal, they have not impleaded the driver nor examined the driver of the Autorickshaw bearing Registration No. KA -16/4785 in which the deceased and the first appellant/wife of deceased were said to have traveled on the ill -fated day, i.e. on 12 -02 -2009 and also the charge sheet witnesses. Further, he submitted that, the appellants may be permitted to implead the driver, examine him and the charge sheet witnesses and also the Doctor who treated the deceased at Bapuji Hospital, Davangere, as the deceased was treated at various Hospitals before he succumbed to the injuries sustained in the road traffic accident. Therefore, he submitted that the impugned judgment and award passed by Tribunal may be set aside and the matter may be remanded back to the Tribunal, reserving liberty to the appellants to file necessary application, for adducing additional oral and documentary evidence by impleading the driver of the Autorickshaw in which the deceased and his wife were said to be traveling and all the contentions urged in the memorandum of appeal be left open.