AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—Though this matter is posted for admission, with the; consent of the learned Counsel for the parties, the same is taken up for final hearing and is disposed of.
This appeal by the claimants is directed against the impugned judgment and award dated 27th March 2008, passed in M.V.C. No. 2090/2007, by the VIII Additional Judge and Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore, (SCCH-5), (for short, Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. . 3,69,500/- awarded in favour of the claimants as against their claim for Rs. . 15.00 Lakhs, is inadequate.
The facts in brief are that, the claimants Appellants are respectively the parents and sister of the deceased Late Sajjan Rao. They filed the claim petition u/s 163A of the Motor Vehicles Act, contending that at about 1:15 A.M. on 08-12-2006, when the deceased was driving Tata Indica Car from Bangalore towards Hosur on Hosur Main Road, near Konnappana Agrahara new Bridge, he met with an accident on account of negligent parking of the Lorry by its driver on the middle of the National Highway in non-parking place, without giving any indicator signal or parking Signal. Due to the impact, the deceased sustained grievous injuries and succumbed to the same on the spot.
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 27th March 2008. 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. . 3,69,500/- under different heads, with 6% interest per annum, from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellants are in appeal before this Court, seeking enhancement of compensation.
I have heard learned Counsel for Appellants and learned Counsel for Insurance Company, for considerable length of time.
After careful perusal of the impugned judgment and award passed by the Tribunal, I do not find any error of law or material irregularity, as such committed by Tribunal, in awarding, a sum of Rs. . 3,69,500/- under different heads, with 6% interest per annum, from the date of petition till the date of deposit. The Tribunal, after assessing the oral and documentary evidence available on file, has rightly assessed the income of the deceased and alter deducting 1/3rd towards his personal expenses, has awarded just and reasonable compensation as per Second Schedule to Section 163A of the Motor Vehicles Act. Therefore, interference by this Court in the impugned judgment and award is uncalled for.
For the foregoing reasons, the appeal filed by Appellants is liable to be dismissed as devoid of merit. Ordered accordingly.
Office to draw award, accordingly.