PADMA Vs. VASU N V

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 10th July 2015, passed in MVC No.27/2014, by the Additional Senior Civil Judge, Motor Accident Claims Tribunal, Srirangapatna, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,36,000/- awarded in favour of the claimants as against their claim for Rs. 20,00,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the wife and three children of the deceased Puttaswamygowda. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 8:30 P.M, on 23-10-2013, when the deceased was walking on Bangalore-Mysore Road, before KEB Office at Srirangapatna town, at that movement, the rider of Motor bike bearing Registration No.KA-53/S- 1458 rode the same from the side of Bangalore towards Mysore at a high speed, in a rash and negligent manner and dashed against the motor bike. As a result, the deceased sustained grievous injuries to his head, right knee, right shoulder, right fore arm and other parts of the body. Immediately after the accident, the deceased was taken to K.R. Hospital, Mysore as in-patient. But, unfortunately, the deceased succumbed due to the injuries on the same day.

(3.) It is the case of the appellants that, the deceased was aged about 49 years, an agriculturist and also a coolie at Iskon Hare Krishna Nature Form, Mahadevapura, earning a sum of Rs. 20,000/- per month and hale and healthy prior to the accident and on account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, they have to be compensated reasonably.