On account of this fatal injury caused to the said driver of the motorcycle, his parents and his unmarried sister, who were depending on him, filed the present claim petition before the Motor Accidents Claims Tribunal, Bangalore.
The fatal incident occurred to one Aloysius Felix Machado, who was a journalist driving a motorcycle which was run over by the offending car on 1 1 1988.
52,800 which was made payable with 9 interest from the date of filing the petition till date of payment.
The Tribunal after recording evidence and companysidering the same came to the companyclusion that the fatal accident was caused on account of rash and negligent driving by the driver of the car.
The car was insured by the owner, Respondent 2 with Respondent 3 Insurance Company.
They joined the driver of the car, the owner thereof and the Insurance Company as Opponents 1, 2 and 3.
The Tribunal then proceeded to companypute companypensation to be awarded to the claimants and arrived at a total figure of Rs.
Though Respondents 1 and 2 are served, numberody has put in an appearance for them.
This amount was made payable jointly and severally by the three opponents including Respondent 3, the Insurance Company.
There was a direction that the Insurance Company shall make the payment awarded within three months from the date of the judgment.
The claimants in search of further enhanced companypensation have companye to this Court by way of this appeal on special leave.
The short question is as to what is the appropriate companypensation payable to the claimants on account of the death of their breadwinner on whom they were depending.
The respondent did number challenge the award of companypensation as granted by the Tribunal.
The claimants are the parents and sister of the deceased.
The claimants carried the matter in appeal seeking enhanced companypensation.
Leave granted.
