A.P. SHANKAR RAO Vs. V. HARIDASS

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 8th June 2011, passed in MVC No. 1174/2010, by the I Additional SCJ & Motor Accident Claims Tribunal, Bangalore, (SCCH -11), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,81,000/ - 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 none other than the parents of deceased Mr. Abhijith. They filed the claim petition under Section 166 of the Motor Vehicles Act, seeking compensation of Rs. 50,00,000/ -, contending that at about 04:50 P.M., on 27 -10 -2009, near Kengeri Tank, Mysuru Road, Kengeri, Bangalore, when the deceased Abhijith was riding the Motor cycle bearing Registration No. KA -05/EW -4714, the driver of Cement Concrete Mixer bearing Registration No. KA -05/B -7668 drove the same at high speed, in a rash and negligent manner and dashed against the motor cycle of the deceased and caused the accident. Due to the grievous injuries sustained in the said road traffic accident, the deceased Abhijith died.

(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 8th June, 2011. 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. 3,81,000/ - 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.