SAVITHRAMMA AND ORS. Vs. MAHESHBABU P. AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award dated 28th December 2011, passed in MVC No. 416/2010, by the Additional Senior Civil Judge and Motor Accident Claims Tribunal -XI, Tumkur, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,90,000/ - 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 two major children of the deceased Ramachandraiah. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 12:30 P.M., on 14 -03 -2010, when the deceased Ramachandraiah along with one Jagadheesh was proceeding on a TVS Centra, bearing Registration No. KA -06/V -2577, in front of Police Quarters at Kora, a Car bearing Registration No. KA -17/N -1218 came from behind at a high speed, in a rash and negligent manner and dashed against the Bike. As result of the same, the appellant sustained grievous injuries. Immediately, he was shifted to Government Hospital, for first aid and thereafter shifted to NIMHANs, where he succumbed to the injuries on the same day at 4:30 P.M.

(3.) ON account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 28th December, 2011. 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. 5,90,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.