SHIVAMMA AND OTHERS Vs. MANJEGOWDA AND OTHERS

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 9th June 2014, passed in MVC No.923/2013, by the Senior Civil Judge & Motor Accident Claims Tribunal, Channarayapatna, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,07,000/- awarded in favour of the claimants as against their claim for Rs. 50,00,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the wife and two children of the deceased Shivanna @ Shivegowda. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 11:00 P.M, on 07-05-2011, when the deceased Shivanna @ Shivegowda was proceeding on bicycle on the left side of B.M. Road, near Alagondanahalli gate, at that time, the rider of the motor cycle bearing Registration No.KA-13/V-3061 came at a high speed, in a rash and negligent manner and dashed against him, as a result, the deceased sustained grievous injuries. Immediately, he was shifted to Government Hospital, Channarayapatna and from there shifted to Govt. Hospital, Hassan and in spite of best treatment, he could not be saved and he succumbed to the grievous injuries sustained in the road traffic accident on 14-05- 2011, after a week.

(3.) It is the case of the appellants that, the deceased was aged about 60 years, an agriculturist and also a wood cutter, earning a sum of Rs. 15,000/- per month and hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, they have to be compensated reasonably.