- (1.) THIS appeal by the appellants -claimants is directed against the impugned judgment and award dated 03/10/2011 passed in MVC No. 9064/2009 clubbed with MVC.No.258/2010, by the XVIII Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal -4, Bangalore (SCCH -4), (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation., on the ground that, a sum of Rs. 3,66,000/ - awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim Rs. 23,00,000/ -, on account of the death of the deceased Sri. Ramakrishnaiah, in the road traffic accident is inadequate.
(2.) IN brief, the facts of the case are: That on 10.11.2009 at about 7.00 p.m. when the deceased was near water tank situated at Huchahanumegowdana Palya, at that time, the driver of the Mahindra Jeep bearing No.KA.04.M.4693 came with high speed and in a rash and negligent manner and dashed against the deceased. Due to which, he fell down and sustained grievous injuries. Immediately, he was taken to hospital, where doctor has declared that he is dead.
(3.) IT is the further case of the appellants that, deceased was aged about 45 years, hale and healthy prior to the accident and he was an agriculturist -cummilk vendor by profession and earning Rs. 16,000/ - per month from agriculture and Rs. 4,000/ - per month from milk vending business and in all Rs. 20,000/ - per month and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony. On account of the death of the deceased, the second wife and father of the deceased have filed MVC No.9064/2009 and the first wife of the deceased has filed MVC No.258/2010 under Section 166 of M.V. Act, claiming compensation against respondents. The said claim petitions had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has dismissed the petition filed by the 2nd wife/claimant No.1 in MVC No.9064/2009 and allowed the claim petitions filed by the first wife/claimant in MVC No.258/2010 and father of the deceased/2nd claimant in MVC No.9064/2009 in part and awarded the compensation of Rs. 3,66,000/ - under different heads with interest at 6% p.a., from the date of petition till the date of deposit payment.;