CHANDRAMMA Vs. PRASHANTH KUMAR S.D.

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 19.9.2015 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 18.05.2014 at about 5.00 p.m. deceased C.R.Swamy was proceeding on his Discover Motor bike bearing registration No.KA-13-EA-3047 on B.M.Road, NH-75 from Channarayapatna, at that time, the driver of the Tata ACE bearing registration No.KA-13-A-5992 which was being driven in a rash and negligent manner by its driver, dashed against the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and 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 27 years at the time of accident and was working as a driver and was also running a mobile shop and earning Rs. 20,000/- p.m. and the claimants were dependants of the deceased. The claimants claimed compensation to the tune of Rs. 75,00,000/- along with interest. On service of notice, the respondent No.2 filed written statement in which the averments made in the petition were denied. It was further denied the rash and negligent driving on the part of the driver of the Tata Ace vehicle. It was further pleaded that the deceased was riding his motorcycle in a rash and negligent manner. It was further pleaded that the compensation claimed are excessive and exorbitant. The respondent No.1 did not appear inspite of service of notice and was placed ex-parte.