JUDGEMENT
Alok Aradhe,J. -
(1.)This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimants against the judgment dated 29.07.2015 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in M.V.C.No.1027/2013 by which the claim petition preferred by the claimants under Section 166 of the Act has been dismissed.
(2.)Facts giving rise to the filing of the appeal briefly stated are that on 09.07.2013, the deceased M Suresh @ Suresh Naik was riding his motor cycle bearing Registration No.KA-14-W-0172 near Revanappa Rice Mill, Abbalagere Village, during which time on account of unavoidable causes dashed against one Kiran. At that time, when the deceased stopped his motor cycle to attend to Kiran, another motor cycle bearing Regsitration No.KA-14-R-4968 which was being ridden by its rider in a rash and negligent manner, dashed against the motor cycle which the deceased was riding from the hind side. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.
(3.)The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 26 years at the time of accident and was working at Pearlite, Shivamogga and was earning a sum of Rs.10,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent riding of the offending motor cycle by its rider. The claimants claimed compensation to the tune of Rs.37,50,000/- along with interest.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.