V SHOBHA Vs. N SATISH

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 3rd November 2014, passed in MVC No.294/2013, by the Additional Senior Civil Judge, Ramanagara, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 16,07,880/- awarded in favour of the claimants as against their claim for Rs. 50,00,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the wife, two minor children and parents of the deceased Mahesh. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 4:30 P.M, on 24-08-2013, when the deceased Mahesh was going on B.M. Road, near Madapura gate in his Kinetic Honda and stopped near U turn and was waiting to take a turn, an Innova Car bearing Registration No.KA-53/5575 came at a high speed, in a rash and negligent manner and dashed against the deceased Mahesh, who fell down from his vehicle and suffered injuries all over the body. Immediately, he was shifted to Rajarajeshwari Hospital and from there to Essential Hospital, where he was given treatment till 10- 09-2013, on which date, he died due to the accidental injuries.

(3.) It is the case of the appellants that, the deceased was aged about 38 years, a Mason by profession, doing centering work under a building Contractor, earning a sum of Rs. 15,000/- 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.