BHAGYAMMA Vs. NARAYANAPPA T.

JUDGEMENT

(1.) MFA No.7871/2017 is filed by the claimants whereas MFA No.8333/2017 is filed by the owner of the offending vehicle under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) being aggrieved by the judgment dated 04.07.2017 passed by the Motor Accident Claims Tribunal. Since, both the appeals arise out of the same accident as well as a common judgment, they were heard together and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 23.09.2015 at about 1.45 p.m. on NH-4 road, Bangalore - Tumkur service road, near Arasinakunte bus stand, Nelamangala Taluk, Bangalore Rural District, the driver of the tractor and trailing bearing registration Nos.KA-06/T-4137 & KA06/T-4138 which was being driven in a rash and negligent manner, dashed against the deceased Rangashamaiah who was standing on the side of the road. As a result of the aforesaid accident, the deceased fell down and wheel of the tractor and trailer ran over him and deceased succumbed to the injuries at the spot.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 57 years at the time of accident and was working as CCM Engineer in JBV Metal Company and was earning Rs.35,000/- per month. The claimants claimed compensation to the tune of Rs.51,00,000/- along with interest.