U VANISHREE Vs. S KHAJA MOHDEN

JUDGEMENT

(1.) The appellants have called in question the judgment and award passed in MVC No.100/2015 on the file of III Motor Accident Claims Tribunal at Ballari, wherein the Tribunal has awarded a sum of Rs.8,85,000.00 as compensation on different heads. Questioning the inadequacy of the compensation, the appellants are before this Court for enhancement.

(2.) The brief factual matrix that emanate from the records are that, the husband of the 1st appellant by name Raghavendra, along with one Ramu were proceeding on a motorcycle bearing Reg.No.KA-35/V-3686 on 26/6/2014 at about 10.30 pm, a mini lorry bearing Reg.No.KA-34/2246 driven by the 1st respondent in a rash and negligent manner dashed against the motorcycle near Eranna Temple, Kurugodu-Kampli road near Emmiganur village, Ballari Dist. Due to the impact of the accident, the deceased suffered severe injuries and he succumbed to the injuries and died on the spot. The appellants/claimants have approached the Tribunal seeking compensation of a sum of Rs.34,00,000.00. The Tribunal after appreciating the oral and documentary evidence on record, has assessed the compensation on different heads and awarded a total compensation of Rs.8,85,000.00. The spilt up figures are as follows: <IMG>JUDGEMENT_189_LAWS(KAR)8_2016_1.jpg</IMG>

(3.) The learned Counsel for the appellants strenuously contended before this Court that the Tribunal has taken the income of the deceased at Rs.5,000.00 per month, which is on the lower side. He further contended that under the other heads like loss of consortium and loss of love and affection, the Tribunal has not properly awarded the compensation. The Tribunal has also not added the future prospects insofar as the income of the deceased is concerned. Therefore, the compensation awarded by the Tribunal is inadequate. Hence they prayed before the Court for enhancement of the compensation.