LATA KUMARI Vs. C PURUSHOTHAMA

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 16th May 2014, passed in MVC No.1394/2011, by the Senior Civil Judge and JMFC., Motor Accident Claims Tribunal, Kunigal, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 9,80,944/- awarded in favour of the claimants as against their claim for Rs. 25,00,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the wife and minor son of the deceased Mahesh Babu B.T. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 6:30 P.M, on 22-09-2011, when the deceased was riding the Motor Bike bearing Registration No.KA-08/ET-1493, from Bangalore side towards Yediyur side, on NH-48 bypass Road, a Lorry bearing Registration No.KA- 13/1016, was parked on the middle of the road, without giving any indications, whatsoever and on account of the same, the bike dashed against the Lorry, which was loaded with granite. As a result of the same, the appellant sustained grievous injuries and succumbed to the same at the spot.

(3.) It is the case of the appellants that, the deceased was aged about 45 years, working as a Manager at Krishnachandra Covnention Hall, Jalahalli, earning a sum of Rs. 10,000/- per month and hale and healthy prior to the accident and on account of the untimely and unnatural 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.