HAJABBA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is by the claimants in M.V.C. No. 1123/2011 being dissatisfied with the inadequacy of the compensation awarded by the Motor Accident Claims Tribunal and I Additional Senior Civil Judge & CJM, Mangalore (hereinafter referred to as 'Tribunal' for short) vide Judgment and Award dated 27th November 2013 in M.V.C. No.1123/2011 in their claim petition filed under Section 166 of M.V. Act.

(2.) The appellants herein are the parents and siblings of late Mohammed Suhail, who succumbed to the injuries sustained in a motor vehicle accident which took place on 23.05.2011 at about 10.05 A.M. near Shrathi Printers Cross Road, Mungaru R.M.C. Factory Road, Industrial Area, Bykampady, Mangalore, due to the user of Tipper Lorry bearing Registration No.KA-19/AE-5857, due to the actionable negligence of the Driver of the said vehicle. Aggrieved appellants filed petition under Section 166 of the M.V. Act before the Tribunal claiming compensation of Rs.30,00,000/- with interest.

(3.) The case was contested. The Tribunal after recording of evidence and giving audience to the parties, on consideration of oral and documentary evidence available on record worked out pecuniary loss of dependency to the family at Rs.7,68,000/- and towards conventional heads at Rs.30,000/- and awarded total compensation of Rs.7,98,000/- with interest @ 6% p.a. from the date of petition till realization.