SHAMA Vs. K N NATARAJU

JUDGEMENT

(1.) The appellant Nos.1 and 2 having lost their young son, aged 21 years, appellants 3, 4 and 5 having lost their young brother, and having received a compensation of merely Rs.6,10,000/- along with interest @ 8% per annum from the date of petition, till the date of realization, have approached this Court for enhancement of the compensation amount.

(2.) Briefly the facts of the case are that on 01.09.2015, around 4.45 p.m., Juneed @ Juneth @ Allavali, and his two friends were riding on a two- wheeler bike from Sira to Kora. When they reached near Rangapura, located on NH-48, the motorbike developed some difficulties. Therefore, Juneed parked the bike on the left side of the road, and wanted to checkup the cause of the difficulty in the bike. While he was checking the bike, suddenly, a lorry, bearing Reg. No. KA-06-A-1991, being driven in a rash and negligent manner, came and dashed against the bike. Juneed sustained grievous injuries. He was immediately shifted to the Government Hospital at Tumkur. Subsequently, he was taken to the Victoria Hospital at Bengaluru. But, during his treatment, he succumbed to the injuries. The appellants, and the family members of other persons who were injured in the said accident, filed different claim petitions before the learned Tribunal. By a common award, dated 16.11.2016, passed by the I Addl. District Judge & MACT at Tumakuru, the learned Tribunal granted the compensation to the appellants, as aforementioned. Hence this appeal by the claimants for enhancement.

(3.) Mr. M. B. Ryakha, the learned counsel for the appellants, has raised the following contentions before this Court:-