ORAL JUDGMENT

The above appeal is filed by the claimants challenging the judgment and award dated 05.12.2022 passed in MVC No.5991/2019 by the IX ASCJ. Small Causes and Addl. MACT, Bengaluru (SCCH – 7), [Hereinafter referred to as the ‘Tribunal’], seeking enhancement of the compensation awarded by the Tribunal.

2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.

3. The factual matrix in a nutshell leading to the present appeal is that when one Shankar Naik H.R., [Hereinafter referred to as the ‘deceased’] was traveling on his two wheeler bearing registration No. KA-05-EF- 1836 from Havnur Circle towards Magadi Road, a Bolero Mahindra Vehicle bearing registration No.TS-10-UB-3087 being driven by its driver in a rash and negligent manner, hit the two wheeler in which deceased was traveling, causing the accident in question wherein, the said deceased suffered grievous injuries and succumbed to the same on the next day in the hospital. Claiming compensation for the death of the deceased, his wife, daughters and mother filed a claim petition arraying the owner of the Bolero Mahindra vehicle as respondent No.1 and the insurer of the said ve