S ASHWINI Vs. V ANANDA KUMAR

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the common judgment and award dated 21st February 2013, passed in MVC No.7634/2010, by the X Additional Small Causes Judge & 35th ACMM, and Motor Accident Claims Tribunal -16, Bangalore City, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 18,55,000/ - awarded in favour of the claimants as against their claim for Rs. 1,00,00,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the wife and minor daughter of the deceased C.G. Manjunath. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 9:00 P.M, on 17 -10 -2010, when the deceased C.G. Manjunath and other family members were returning from Madurai to Bangalore after visiting temple at Tamil Nadu in a Tempo Traveler bearing registration No. TN - 20/AA -5821, at that time, the driver of the said Tempo Travellor drove the same at a high speed and dashed against the back portion of the Lorry bearing Registration No.TN -34/E -0591. Due to the impact, the deceased sustained grievous injuries and died on the spot.

(3.) IT is the case of the appellants that, the deceased was aged about 38 years and working as Deputy Manager - Production in Micro Labs Limited, Bangalore, drawing salary of Rs. 33,940/ - per month, plus Rs. 10,000/ - L.T.A. 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.