DALAPPA AND ORS. Vs. SHANKAR AND ORS.

JUDGEMENT

(1.) Though this appeal is posted for Further Orders, with the consent of the learned Counsel appearing for both the parties, the same is taken up for final disposal.

(2.) This appeal is by the claimants directed against the impugned judgment and award dated 25th February 2013 passed in M.V.C. No. 387/2011 on the file of the XVIII Additional Judge, Court of Small Causes, and Member, M.A.C.T. -4 (SCCH -4), Bangalore (hereinafter referred to as 'Tribunal' for short). The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 4,70,000/ - with interest at the rate of 6% p.a. from the date of petition till the date of realization on account of the death of the deceased Late Sri Mudduraju D. in the road traffic accident. The claimants have filed this appeal on the ground that the quantum of compensation and the rate of interest awarded by the Tribunal is inadequate and requires enhancement, by modifying the impugned Judgment and Award passed by the Tribunal.

(3.) The brief facts of the case on hand are that, the appellant Nos. 1 and 2 are the parents of the deceased. They have filed a claim petition under Sec. 166 of the Motor Vehicles Act, claiming compensation of Rs. 24,00,000/ - against the respondents on account of untimely death of the deceased Muddaraju D. in the road traffic accident that occurred on 11.11.2010 at about 9.00 a.m. when he was proceeding on motor cycle bearing No. KA -02/HK -2982 on the left side of the road near Kuvempu Circle. At that time, driver of the lorry bearing No. KA -41/9019 came at high speed in a rash and negligent manner and dashed against the deceased from behind. Due to the impact, he fell down and sustained grievous injuries and on the way to the Hospital he died.