LAWS(KAR)-2015-7-452

KAVITHA W/O LATE SRINIVASA; JEEVAN S/O LATE SRINIVASA; GAGANDEEP S/O LATE SRINIVAS Vs. UNITED INDIA INS CO LTD ; G ASHWATHNARAYANA BABU; ERA OBAKKA; MAHADEVA NAYAKA

Decided On July 30, 2015
KAVITHA W/O LATE SRINIVASA; JEEVAN S/O LATE SRINIVASA; GAGANDEEP S/O LATE SRINIVAS Appellant
V/S
UNITED INDIA INS CO LTD ; G ASHWATHNARAYANA BABU; ERA OBAKKA; MAHADEVA NAYAKA Respondents

JUDGEMENT

(1.) Though this appeal is posted for orders, the same is taken up for final disposal, with the consent of the learned counsel appearing for both the parties.

(2.) This appeal by the claimants is directed against the common judgment and award dated 22nd July 2014, passed in MVC No.73/2012, by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Challakere, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,00,000/- awarded in favour of the claimants as against their claim for Rs. 40,00,000/-, is inadequate.

(3.) The facts in brief are that, the claimants are the wife, two minor children and parents of the deceased Srinivasa. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 7:30 A.M, on 16-12-2011, when the deceased Srinivas and others were traveling in the bus bearing Registration No.KA-51/7937 from Challakere to Hiriyur, near Kalavibagi village gate on SH-19, the driver of the said bus drove the same, at a high speed, in a rash and negligent manner and dashed against the Lorry which was coming from opposite direction and cause the accident. Due to the impact, the deceased sustained grievous injuries and succumbed to the same.