KADHEEJA Vs. MOHAMMED ATHIF K

JUDGEMENT

(1.) The claimants-appellants have challenged the legality of the award dated 21.6.2012, passed by the Fast Track Court-II and Additional Motor Accident Claims Tribunal, Mysuru, whereby for the death of Ashraf, the parents and the brothers and a sister have been granted a compensation of Rs.3,42,000/- along with interest @ 6% p.a. from the date of petition till the date of deposit.

(2.) Briefly stated, the facts are that on 7.5.2011, around 4.15 PM, Ashraf and his friend, Nazeeb Khan, were going in Maruthi A Star car, bearing registration No. KA-12-P674, from Kushalanagara to Periyapatna. While they were driving on B.M.Road, near the Chowdenahalli Village, Periyapatna Taluk, a KSRTC bus coming from the opposite direction, also being driven in a rash and negligent manner, came and dashed against the Maruthi car. Due to the collusion between the two vehicles, the car was completely damaged, and the driver and Ashraf sustained severe injuries. Ashraf sustained injuries on his face, chest and other vital parts of the body; he succumbed to the injuries on the spot itself. Although Nazeeb Khan was removed from the site of the accident, subsequently he, too, succumbed to the injuries. Having lost their sole bread earner, the claimants filed the claim petition before the Tribunal.

(3.) Smt. Kadheeja, appellant No.1, before this Court, examined herself as a witness, and submitted twenty-nine documents. On the other hand, the Insurance Company examined two witnesses, and submitted ten documents. After assessing the evidence, the Tribunal granted the compensation as aforementioned. Hence, this Appeal by the claimants for enhancement.