G. VIJAYAKUMARI W/O. LATE G.F.R. JAYARAJ Vs. T. MOHAN SUBRAMANYAM S/O. T. TANGAVELU AND THE NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) ADMIT . Heard on merits.

(2.) THIS appeal is directed against the judgment and award dated 12.1.2006 passed in MVC No. 1733/2005 by the learned XIII Additional Small Causes Judge and MACT, Court of Small Causes, SCCH -15, Bangalore, (hereinafter referred to as ' Tribunal' for short).

(3.) IN brief the facts of the case are: The appellant No. 1 is the wife and appellant Nos. 2 to 4 are the children of the deceased Sri. Jayaraj. The appellants have filed a claim petition before the Tribunal, claiming compensation of Rs. 30,00,000/ - on account of the death of the deceased Sri. Jayaraj, in the accident which occurred on 29.12.2004 at about 9.30 p.m., when he was proceeding towards his residence at Koramangala on Hosur Road on his Honda Activa scooter and when he came near Sri. Ayyapaswamy temple junction, at that time, a tipper lorry bearing No. KA -09 -C -2525 driven by its driver came at high speed in a rash and negligent manner and dashed against his scooter, due to which deceased fell down and sustained head injury and his scooter was damaged and later he succumbed to injuries on 31.12.2004. The deceased Sri. Jayaraj was working as Draftsman Grade -II at Survey of India and drawing the gross salary of Rs. 12,199/ - per month as on the date of the accident. The said claim petition had come up for consideration before the Tribunal on 12.1.2006. The Tribunal, after hearing both sides and after analysing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 6,49,200/ - as compensation under different heads with interest at 6% p.a., from the date of petition till the date of deposit. Being aggrieved by the said judgment and award, the appellants have presented this appeal, seeking enhancement of compensation.