KAVITHA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THIS appeal by the claimants is arising out of the impugned judgment and award dated 06.10.2010 passed in MVC No.525/2009 on the file of the Senior Civil Judge & MACT, Harihar (hereinafter referred to as Tribunal for short).

(2.) THE Tribunal by its impugned judgment and award, awarded a sum of Rs.5,31,000/ - with interest at 6% p.a., from the date of the petition till the date of deposit of the award amount as against the claim made by the claimants on account of the death of the deceased - Pundalik Rasagunte in the road traffic accident. Being aggrieved by the quantum of compensation awarded by the Tribunal as inadequate and requires enhancement, they felt necessitated to present this appeal.

(3.) IN brief, the facts of the case are as under: Claimants who are none other than the wife, minor son and the parents of the deceased Pundalik Rasagunte who was a utensils seller earning a sum of Rs.5,000/ - per month. Be that as it may, he met with an accident on 30.03.2009, at about 8.30 p.m., when he was returning to his house by walk at Shimoga Circle Bus -stand, opposite to Girija Medicals, Harihar. At that time, a N.W.K.S.R.T.C. bearing Registration No. KA -27/F -395, driven by its driver, in a rash and negligent manner from Malebennur Bye -pass road came and dashed against the deceased, on account of which, he sustained severe fatal accidental injuries and succumbed to the injuries on the way to the hospital.