SANGEETHA Vs. IFFCO TOKIO GENERAL INSURANCE CO LTD

JUDGEMENT

(1.) The judgment and award dated 5th August 2013 passed in M.V.C.No.6048/2012 on the file of the XVII Additional Judge and M.A.C.T., Court of Small Causes, Mayo Hall Unit, Bangalore, is under challenge in this appeal.

(2.) Appellants being the wife and minor daughter of late Nagarajan have filed this appeal dissatisfied by the quantum of compensation awarded by the Tribunal on their petition filed under Section 166 of Act, seeking compensation of Rs.25 lakhs in lieu of the death of late Nagarajan in the vehicular accident that occurred on 21.9.2012 at 3.15 p.m. on Old Madras Road near Suddagunte Palya Junction in the traffic signal point. The Tribunal has awarded a compensation of Rs.7,60,000/- with interest @ 6% per annum from the date of filing of the petition till realization.

(3.) The case of the petitioners before the Tribunal was, on the above mentioned date, time and place, deceased Nagarajan was proceeding on his motor cycle bearing No.KA-03/EB-4990 and stopped at the traffic signal near Suddagunte Palya junction; at that time, the offending Car bearing registration No.KA-53/N- 3925 driven by its driver in a rash and negligent manner with a high speed dashed his motor cycle; due to the impact, the deceased sustained grievous injuries; on the way to the hospital, he succumbed to the injuries. He was hale and healthy at the time of the accident; he was the sole bread earner for the family and was working as a Mechanic at Shri Giridhar Agencies and earning a salary of Rs.15,000/- per month. He was contributing his entire earnings for the welfare of the family. The Police have filed charge sheet against the driver of the offending car.