PANKAJA Vs. GOWRAMMA

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 7th June 2010, passed in MVC No.88/2009, by the Senior Civil Judge and Additional C.J.M., Motor Accident Claims Tribunal, Holenarasipura, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 6,11,600/- awarded in favour of the claimants as against their claim for Rs. 25,00,000/-, is inadequate.

(2.) The facts in brief are that, the claimants are the wife and minor daughter of the deceased Paramesh. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 6:00 P.M, on 03-12-2008, on Hassan-Mysore Road, near Alagowdanahally, when the deceased was travelling in the Motor Bike bearing Registration No.KA-13/K-9858, as pillion rider, he met with an accident, on account of rash and negligent driving by the driver of Lorry, bearing Registration No.KA-12/7918. Due to the impact, the deceased suffered fatal injuries and succumbed to the same.

(3.) It is the case of the appellants that, the deceased was aged about 25 years and doing agriculture and also coconut business, earning a sum of Rs. 20,000/- per month and was hale and healthy prior to the accident. On account of the untimely and unnatural death of the deceased, the first appellant-wife has lost the life partner at an young age, second appellant, being aged about only six months, has lost the filial love and affection, inspiration and guidance of her father and the first respondent, being the mother of the deceased has lost her son, whose progress and future she wanted to see apart from losing social, and financial security and therefore, they have to be compensated reasonably.