R NARASIMHA MURTHY Vs. M N NAGARAJU

JUDGEMENT

(1.) HEARD the learned Counsel for the appellants and the respondents. The matter is disposed of on merits by consent of both the Counsels at the stage of admission.

(2.) SO far as occurrence of the accident on 1. 2. 2003 at about 4. 45 P. M. involving the son of the appellants namely, Goutham who was proceeding on the Scooter of his father on Magadi Main Road, is not in dispute. It is also not in dispute that the driver of the Oil Tanker had dashed against the said Scooter causing the fatal accident, thereby the appellants lost their only son who was aged about 4 years. So far as the rash and negligent driving by the Driver of the Oil Tanker, though the Tribunal has referred to the judgment reported in ILR 2000 Kar. 2792, in the case of Kumari sneha Vs. National Insurance Company Limited and Another, the law laid down in the said case may not be strictly applicable, as it was a case where the child was a pedestrian crossing the road and held that the child in a way contributed for the occurrence of the accident. Therefore, it could be only contributory negligence of the father on whose Scooter the child was travelling at the time of the accident. However, the finding of the tribunal that the Driver of the offending vehicle was responsible for the accident having become final, in view of the fact that the same was not challenged we need not go into the said issue in detail. The fact remains a criminal case came to be registered against the driver of the Oil Tanker, which ultimately ended in filing of a charge-sheet against him after investigation.

(3.) THEN, coming to the quantum of compensation, the appellants who are the parents of the deceased Goutham are before us seeking enhancement. The Tribunal based on the decision in ILR 2003 Kar. 5149 in the case of North West Karnataka Road Transport Corporation Vs. Rafiq moulasab Bagawan and Another, granted Rs. 90,000/- as compensation under the head 'loss of dependency' and under other conventional heads, rs. 30,000/- came to be awarded. In all Rs. 1,20,000/- was awarded by the tribunal. The appellants not being satisfied with the quantum of compensation awarded by the Tribunal are before us.