PRABHAKAR Z & ANR Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Appellants are the claimants, being not satisfied with the quantum of compensation awarded in the judgment and award dated 10-8-2011 made in MVC No.8058/2010 passed by the Motor Accidents Claims Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for brevity), filed this appeal seeking enhancement of compensation.

(2.) The Appellants are the husband and son of deceased Rajeshwari. They filed a claim petition contending that on 15-11-2010, at about 9.45 p.m., the deceased Rajeshwari was proceeding on a motor cycle bearing Reg. No.AP-03-AD-5606 along with her husband as a pillion rider near Old Madras Road. At that time, a BMTC bus bearing Reg. No.KA-01-FA-1620 driven by the driver in a rash and negligent manner dashed against the motor cycle from the hind side. Due to the impact, rider and pillion rider fell down and sustained injuries. The wheel of the bus ran over the body of the pillion rider, as a result, she succumbed to the injuries on the spot. Immediately after the accident, she was shifted to C.M.H. Hospital, wherein she was declared as 'brought dead'. In the claim petition, it was contended that the deceased was working in Aravind Garments, Whitefield, Bengaluru and earning a sum of Rs.7,000/- p.m. The family has lost the bread earner. The claimants have spent more than Rs.50,000/- towards funeral expenses. Due to the negligence on the part of the driver of the bus, the accident occurred. Hence, sought for compensation of Rs.25,00,000/-.

(3.) In response to notice issued by the tribunal, though BMTC was served with notice, remained unrepresented. The insurance company defended the case by filing written statement.