G M HAMZA Vs. G S SRIDHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellants - claimants and the learned counsel for the Insurance Company - Respondent no.2 and perused the records. Respondent No.1 is served but he remains unrepresented.

(2.) The appellants claimants who are the legal representatives of deceased Irfan have preferred this appeal, being not satisfied with the quantum of compensation awarded by the Tribunal in its impugned judgment dated 17.06.2013 in MVC No.566/2010, seeking enhancement of compensation and also being aggrieved by the finding of the Tribunal fastening the liability on the owner of the offending vehicle Respondent No.1 to pay the compensation.

(3.) The factual matrix is that on 31.03.2008 at about 4.30 p.m., when the deceased was walking on the side of Hosanagar Jayanagar near Keshava Murthy Nagaraja's estate, at that time a motor cycle bearing Regn.No.KA-15-J/1561 driven by its rider at high speed in a rash and negligent manner, dashed against the deceased Irfan and as a result of which, Irfan succumbed to the injuries on the spot itself. The deceased Irfan was aged about 12 years at the time of accident and was said to be a brilliant student. The claimants being the parents of the deceased Irfan had undergone depression and also mental agony for the death of their son. Hence, they filed a claim petition before the Tribunal seeking compensation from the respondents.