LAWS(KAR)-2016-4-232

LAKSHMIVENKATARAMANA Vs. GANGAIAH

Decided On April 22, 2016
LAKSHMIVENKATARAMANA Appellant
V/S
GANGAIAH Respondents

JUDGEMENT

(1.) This appeal by the claimants is directed against the impugned judgment and award dated 8th October 2012 passed in M.V.C.No.762/2012 on the file of the XII Additional Small Causes Judge & Member, M.A.C.T., Bangalore (hereinafter referred to as 'the Tribunal' for brevity).

(2.) The Tribunal by its judgment and award awarded a compensation of Rs.3,22,000/- with interest at 6% p.a. from the date of petition till the date of realization, on account of the death of one Sri. Narendra in a road traffic accident. Being aggrieved by the inadequate compensation and rate of interest, the parents of the deceased Sri. Narendra have presented this appeal.

(3.) Brief facts of the case on hand are: The appellants being the parents of deceased Narendra had filed a petition before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.50,00,000/- on account of untimely death of the deceased in a road traffic accident that occurred on 20.08.2011 due to rash and negligent driving by the driver of the Tempo bearing registration No. KA-01-4635. Further, case of the appellants is that, the deceased was aged about 29 years and working as Maintenance Electrician in Cloud-9 Foods & Beverages and earning a sum of Rs.14,500/- per month. On account of his untimely death, the parents have lost their son and suffered mental agony and it has affected social and economic condition of the family. During the pendency of this appeal, the appellant No.1/father of the deceased has died leaving behind wife/appellant No.2 and 2 children/brothers of the deceased/appellant Nos.1(a) and 1(b). Taking all these factors into consideration, the claimants filed a petition seeking compensation.