RUKMINI Vs. N. C. CHANDRU

JUDGEMENT

(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 being aggrieved by the judgment dated 23.06.2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 25.11.2009 at 9.15 a.m., the deceased K.G.Mahalingegowda was proceeding on his motorcycle bearing registration No.KA-11/U-6453 to K.R.Pet from Srirangapattana, on Bengaluru Mysuru road and when he reached Nimishamba petrol bunk, Hero Honda motorcycle bearing registration No. KA- 09/EB-327 which was being driven in a rash and negligent manner, dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and immediately shifted to Government Hospital, Srirangapatttana and after first aid, he was shifted to Vikram Hospital, Mysuru wherein he has taken treatment as inpatient. On 17.07.2010 at 2.45 a.m. he died in the Vikram Hospital.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 55 years at the time of accident and was working as Village Accountant at Ballenahally circle and was earning Rs.13,136/- per month, he was also earning Rs.2,000/- per month from milk vending business and Rs.50,000/- from agriculture. The claimants claimed compensation to the tune of Rs.16,91,823/- along with interest at 18% p.a.