SUDHANSU JYOTI MUKHOPADHAYA, J. - (1.) DELAY condoned. Leave granted.
(2.) THIS appeal has been preferred by the appellants claimants in motor accident case against the judgment and order dated 19th March, 2009 passed by the Division Bench of the High Court of Karnataka, Bangalore in a motor accident case being Miscellaneous First Appeal No. 2344 of 2004(MV). They are not happy with the meager enhancement of compensation granted by the High Court. The brief facts of the case are as follows: That Ramadas, aged about 48 years, was working as a Typesetting Assistant in Computer Section of the Mysore Printers Limited (Deccan Herald). On 27 th July, 1999 at about 1.30 a.m. while he was returning home on his scooter bearing Registration No.KA 03/K 7514 on HosurLuskar road, near Mico Software, he met with accident with a Tanker bearing Registration No.KA 05/A 5995 driven by its driver in a rash and negligent manner. On account of the said accident, Ramadas fell down and sustained grievous injuries all over the body. He was shifted to Victoria Hospital, where he succumbed to the injuries.
(3.) HIS wife and children preferred the claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act, 1988), claiming compensation of Rs.30,00,000/. The 2nd respondent (Insurance Company) contested the claim. They had not disputed the accident or the insurance coverage. On behalf of the claimant, witnesses were examined including P.W1, who was the claimant No.1 and another one Chandrashekar, an eyewitness to the accident. Nine documents were led as evidence marked as Exhs.P1 to P9. No oral evidence was adduced by the respondents. The Insurance Policy was marked as Exh.R1.;