N.K. Patil, J. - (1.) THOUGH this matter is posted today for orders on I.A., the same is taken up for final disposal, with the consent of learned counsel appearing for both the parties and having regard to the facts and circumstances of the case. This appeal by the claimants is directed against the impugned common judgment and award dated 10/06/2013, passed in MVC No. 1036/2011, by the II Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal, Mangalore D.K., (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation.
(2.) THE Tribunal by its judgment and award, has awarded a sum of Rs. 5,34,000/ - under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the claimants for a sum of Rs. 30,00,000/ -, on account of the death of the deceased Sri. Keshava Devadiga, in the road traffic accident. In brief, the facts of the case are: "The claimant No. 1 is the father and claimant No. 2 is the mother of the deceased. They have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that on 12.5.2011 at about 9.30 p.m. deceased was returning back to his house from Hosemar as pillion rider along with Jagadish Devadiga in the Motor cycle bearing Reg. No. KA.21.J.2159 after attending marriage function on Belthangady -Karkala road by observing the rules and regulations and when they reached near Kukkuje cross in Kuthlooru village of Belthangady taluk, at that time, the driver of the auto bearing Reg. No. KA.21.3931 came with high speed in a rash and negligent manner and taken turn suddenly towards Alambe road without following the traffic rules and dashed to the motor cycle. Due to which, deceased sustained multiple injuries all over the body. Immediately, he was shifted to A.J. Hospital at Mangalore, where he was declared as dead by the Doctor."
(3.) IT is the further case of the claimants that, deceased was aged about 24 years, hale and healthy prior to the accident, working as a Tipper Lorry driver under one Mr. Mahesh and earning Rs. 10,000/ - per month and Rs. 50/ - as batta and looking after the welfare of the family. The untimely death of the deceased has affected the social and financial condition of the family as they have lost their earning member, apart from mental shock and agony.;