LAWS(KAR)-2017-3-182

NAGESH B L & ANR Vs. BRANCH MANAGER

Decided On March 09, 2017
Nagesh B L And Anr Appellant
V/S
BRANCH MANAGER Respondents

JUDGEMENT

(1.) Appellants are the claimants, being not satisfied with the quantum of compensation awarded in the judgment and award dated 8-6-2015 made in MVC No.3517/2014 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as 'the Tribunal', for short) filed this appeal seeking enhancement of compensation.

(2.) Appellants are the father and mother of deceased Chethan. They filed a claim petition contending that on 19-4-2014 at about 1.30 p.m., while the deceased Chethan along with his friend was returning to Bangalore in a Santro Car bearing Registration No.KA-04/ME-9703 near Hiriyur Sugar Factory, driver of the said Santro car drove the same in a rash and negligent manner and dashed against the road-side fly-over wall, due to the said impact, the car turned turtle and fell into the road-side ditch. As a result of which, the deceased Chethan sustained grievous injuries to the vital parts of the body. Immediately after the accident, he was shifted to the Government Hospital, Hiriyur, wherein the doctors declared that 'brought dead'. In the claim petition, it was contended that the deceased was aged about 24 years as on the date of death; working as a Gym instructor as well as driver and earning income of Rs.15,000/- p.m. Due to the rash and negligent driving of the Santro car, the accident had occurred and the claimants have lost their only son. The offending car is owned by the second respondent and insured with the first respondent therein. Hence, respondents 1 and 2 are liable to compensate the claimants and sought for compensation of Rs.20,00,000/-

(3.) The insurance company defended the case by filing the written statement.