PATHIMABEE Vs. S M MANJUNATH

JUDGEMENT

(1.) This appeal by the claimants is against the judgment and award dated 11.08.2010 passed by the Motor Accident Claims Tribunal III, Bellary, (for short, 'Tribunal') in M.V.C. No.689/2007.

(2.) The claimants are aggrieved by inadequate compensation awarded by the Tribunal in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the claimants. Tribunal had awarded Rs.2,84,000/-, whereas the claimants sought for compensation of Rs.14,40,000/- on account of death of Sri Shaiksha Vali S/o. Honnur Sab, husband of appellant No.1, father of appellant Nos.2 to 4.

(3.) Sunctantly stated that the claim petition was filed before the Tribunal contending that the deceased was working as a cycle rickshaw puller. That on 25.05.2007 at about 3.30 p.m. deceased was loading luggage to the maxi cab bearing Reg. No.KA- 06/6017 and due to sudden movement of the vehicle by its driver, he fell down from the maxi cab and sustained injuries all over the body. He was immediately shifted to Government Hospital and was referred to VIMS Hospital, Bellary, for further treatment. During the course of treatment, he breathed his last at the VIMS Hospital, Bellary. He was hale and health and was aged about 55 years at the time of his death. The claimants were entirely depending on the earning of the deceased for their livelihood. The claim was contested. The Tribunal, on overall consideration of the material, awarded compensation of Rs.2,84,000/- with interest at the rate of 6% p.a. The break-up is as follows <FRM>JUDGEMENT_97_LAWS(KAR)7_2016.htm</FRM>