LALITHAMMA Vs. MANEESH SHAJAVAANI

JUDGEMENT

(1.) M.F.A.No.7813/2015 has been filed by the claimant seeking enhancement of the amount of compensation, whereas M.F.A.No.6062/2015 has been filed by the owner being aggrieved, by the judgment dated 14.07.2015 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal' for short). Since, both these appeals preferred under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) arise out of the same accident as well as common judgment passed by the Tribunal, they were heard together and are being decided by this common judgment.

(2.) Facts leading to filing of these appeals briefly stated are that on 14.01.2011 at about 9.00 p.m. deceased T.S.Manjappa was riding Bajaj Discover motor cycle bearing registration No.KA15/K/5847 from K.G.Halli to Lakshmipura. When he reached near Abbigere Bescom Office, a Kinetic Honda Zoom Scooter bearing registration No.KA04/EG/2805, which was being driven by its driver in a rash and negligent manner and in a high speed, dashed against the motor cycle, which was being driven by the deceased. As a result of the accident, the deceased fell down and sustained fatal injuries on his head and was immediately shifted to the hospital, however, he succumbed to the injuries on 15.01.2011 at NIMHANS hospital.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that at the time of accident, the deceased was aged about 26 years and was working as Manager in Tirumala Bar and Restaurant, Attur Layout, Yelahanka, Bangalore and was getting a salary of Rs.15,000/- per month. It is further pleaded that the claimant being the mother was solely dependant on the income of the deceased. It was further pleaded that the accident took place solely on account of rash and negligent driving of the Kinetic Honda Motor cycle by its driver. The claimant claimed compensation to the tune of Rs.35,00,000/- along with interest. The respondent No.1 viz., the owner of the offending vehicle in its written statement denied the factum of accident. It was also denied that Kinetic Honda Scooter No.KA05-EG-2805 was involved in the accident. The respondent no.1 also denied the relationship of the claimant with the deceased and the age, avocation and income of the deceased was also denied. It was also pleaded that the accident took place on account of negligence on the part of the deceased as he was driving the vehicle in high speed and lost control skidded on the road and suffered injuries and the offending vehicle was in no way involved in the acciddnt.