APPAJI AND ORS. Vs. S. PRATHAP AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 22nd October 2012, passed in MVC No. 120/2011, by the Senior Civil Judge & Motor Accident Claims Tribunal, Maddur, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,09,000/ - awarded in favour of the claimants as against their claim for Rs. 8,00,000/ -, is inadequate.

(2.) THE facts in brief are that, the claimants are the husband and children of the deceased Smt. Sannamma. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 7:30 P.M, on 15 -05 -2011, when the deceased was proceeding on Bangalore -Mysore Road, near Rudrakshipura Gate, at that time, a motor cycle bearing Registration No. KA -09/W -3218, being ridden by its rider, at a high speed, in a rash and negligent manner, came and dashed against the deceased pedestrian Sannamma. Due to the impact, she sustained severe injuries to head and other parties of the body and died at the spot.

(3.) ON account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 22nd October, 2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 3,09,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.