AGNEES Vs. JAYALAKSHMI AND ORS.

JUDGEMENT

(1.) THIS appeal by one of the claimants (legally wedded wife of deceased) is directed against the common judgment and award dated 26th August 2011, passed in MVC No. 56/2001, by the Senior Civil Judge and CJM, Member, Additional Motor Accident Claims Tribunal, Chickballapur, for enhancement of compensation on the ground that, the compensation of Rs. 15,56,000/ - awarded in favour of the claimants as against their claim for Rs. 14,00,000/ -, is inadequate and also for reapportionment of compensation.

(2.) THE facts in brief are that, claimants are the legal heirs of the deceased late M. Balaknshna. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 1:30 P.M., on 10 -04 -2001, when the deceased M. Balaknshna was deputed to drive from Chickballapur to Bangalore, and Bangalore to Mantralaya and Mantralaya to Bangalore and back to chickballapur, he drove the Bus bearing Registration No. KA -07/F -431 in a moderate speed and following the traffic rules. When he came near Maruthi Gold Star Silk Factory at Hanpura, at that time, a Lorry bearing Registration No. AP -02/U -459, being driven by its driver at high speed, in a rash and negligent manner, lost control on the said Lorry and dashed against the said Bus as a result of the same, the Bus fell down and thereby caused injuries to deceased M. Balaknshna. Immediately, he was shifted to Govt. Hospital, Pennugonda, but, unfortunately, he succumbed to the accidental injuries in the said Hospital.

(3.) WE have heard the learned counsel appearing for the first claimant/legally wedded wife, learned counsel appearing for Insurer and learned counsel appearing for Respondents 3 to 5, for considerable length of time.