JUDGEMENT
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(1.)THIS appeal by the Insurance Company is directed against the judgment and award dated 30th march 2007, passed in MVC No. 3568/2005, by the IX Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal -7, Bangalore, (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 19,10,000/ - with 6% interest per annum, awarded in favour of the claimants as against their claim for Rs. 64,26,800/ -, is inadequate. The facts in brief are that the respondent No. 1 is the wife, respondent No. 2 is the minor son and respondent Nos. 5 and 6 are the parents of the deceased S. Chandrashekar, who died in the road traffic accident. The respondents 1 and 2 filed the claim petition under Section );">166 of the Motor Vehicles Act, contending that, the deceased met with a road traffic accident, at about 3:15 A.M, on 09 -01 -2005, when he was travelling in a Santro Car bearing Registration No. KA -04/MG -7209, on Bangalore Chikkaballapur Road, Bangalore -Bellary National High way, slowly and cautiously on the left side, on account of rash and negligent driving by the driver of Goods vehicle bearing Registration No. KA -.04/B -6395 Due to the impact, the deceased sustained grievous injuries and died on the spot.
(2.)IT is the case of the claimants that, the deceased was hale and healthy prior to the date of accident, which resulted in his death and that he was a Proprietor of M/s. Pavan Bar and Restaurant and an income tax assessee and was contributing substantial sum towards the family requirements and in view of his untimely death, the family is displaced and they are in great financial distress and have lost the only hope social and financial security and aspiration in life and therefore, they have to be compensated reasonably.
On account of the death of the deceased the claimants filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 64,26,800/ - against the appellant/Insurer and others. The said claim petition had come up for consideration before the Tribunal on 30th March, 2007. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 19,10,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by the Tribunal, the Insurer is in appeal before this Court, seeking reduction of compensation.
(3.)WE have gone through the grounds urged in the memorandum of appeal carefully, perused the impugned judgment and award passed by Tribunal and heard the learned counsel for Insurer as well as the counsel for claimants.
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