LAWS(KAR)-2015-2-426

MAHADEVAMMA AND ORS. Vs. NAGENDRA AND ORS.

Decided On February 12, 2015
Mahadevamma And Ors. Appellant
V/S
Nagendra And Ors. Respondents

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 15th June 2010, passed in MVC No. 225/2008, by the Presiding Officer, Fast Track Court -V, Motor Accident Claims Tribunal, Mysore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,87,000/ - awarded in favour of the claimants as against their claim for Rs. 8,20,000/ -, is inadequate.

(2.) The facts in brief are that, the claimant No. 1 is the wife, claimant Nos. 2 to 5 are the minor children and claimant Nos. 6 and 7 are the parents of deceased. They filed the claim petition under Sec. 166 of the Motor Vehicles Act, contending that, at about 08:15 A.M., on 23 -04 -2008, on Golur -Nanjangud Road, near Halladaken in Nanjangud Taluk, when the deceased was going by his bicycle towards Nanjangud, at that time, a Tractor and Trailer bearing Registration No. KA -09/T -5704 -T -5705, came from his back in a rash and negligent manner and dashed against the said bicycle. Due to the impact, the deceased sustained severe injuries and was shifted to the nearby Hospital, but unfortunately, he succumbed to the injuries on the way to the Hospital.

(3.) It is the case of the appellants that, the deceased was aged about 40 years and working as Labourer at Techno -Plex Industry in Nanjangud, earning a sum of Rs. 5,000/ - per month and hale and healthy prior to the accident. On account of the untimely death of the deceased, the first appellant has lost her life partner, the children have lost the love and affection, inspiration and guidance and the parents have lost social, financial and moral support and are deprived of seeing the bright future of their son and therefore, they have to be compensated reasonably.