SHAMBUGOWDA AND ORS. Vs. T. MALIKARJUNA AND ORS.

JUDGEMENT

(1.) Claimants are before this Court in this appeal not being satisfied with the quantum of compensation awarded under the judgment and award dated 05.09.2012 passed in MVC.No.311/2012 on the file of the Fast Track Court and Additional MACT., Mysore.

(2.) Claimants are parents, brother and sister of deceased Shashidar. Claimants filed claim petition under Section 166 of the Motor Vehicles Act for the accidental death of Shashidar. On 30.10.2011, when the deceased was proceeding in a motorcycle bearing registration No.KA-11/K-8243, a maruti swift car bearing registration No.KA-09/Z-9081 came in a rash and negligent manner and dashed to the motorcycle of the deceased, due to which deceased fell down and sustained grievous injuries, as a result, he succumbed to the injuries. It is claimed that the deceased was aged 18 years as on the date of accident and was earning Rs. 9,000/- per month as mason. On issuance of summons, the Insurance Company appeared and filed its statement denying the petition averments. It was contended that the accident was occurred due to rash and negligent driving of the motorcycle by the deceased. It was also contended that the driver of the car had no valid and effective driving license as on the date of the accident. The 2nd claimant examined herself as P.W.1 and got marked 10 documents. Respondents have not led any evidence.

(3.) The Tribunal, on assessing the material on record, awarded total compensation of Rs. 2,92,000/- as under: