- (1.) This appeal by the claimants is directed against the impugned common judgment and award dated 07.12.2007 passed in MVC No.1742/2006 on the file of the Presiding Officer, Fast Track Court III and Addl. MACT at Hassan, (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.12,42,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the claimants on account of death of the deceased late Sri A.B. Doddarange Gowda, in the road traffic accident.
(3.) In brief, the facts of the case are: The 1st appellant is the wife, the 2nd and 5th appellants are the minor children and the 3rd and 4th appellants are the parents of the deceased A.B. Doddarange Gowda, who died in the road traffic accident which occurred on 07.11.2003 due to the rash and negligent driving by the driver of the offending vehicle. Therefore they filed a claim petition before the Tribunal under section 166 of M.V. Act, claiming compensation against the respondents. It is case of the appellants that, the deceased was aged about 33 years at the time of accident, hale and healthy and earning Rs.10,017/- per month by working as a Co-Ordinater in Block Resourceful Center, Belur and looking after the welfare of the family. Due to his untimely death, social and economical condition of the family is affected as the deceased was the only bread earner in the family. The 1st claimant has lost her husband at the very young age, the 2nd and 5th appellants have lost their hope, guidance and inspiration in the life and the 3rd and 4th appellants have lost their bright son apart from social & financial security. Their entire future has been jeopardized. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs.12,42,000/- under different heads with interest at 6% p.a., from the date of petition till the date of deposit and fastened the liability at 50% each on the 2nd and 3rd respondents. Not being satisfied with the quantum of compensation awarded by the Tribunal the appellants have presented this appeal, for enhancement of compensation.;