UNITED INDIA INSURANCE COMPANY LIMITED Vs. GURAMMA

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 insurance company against the judgment dated 07.08.2017 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 18.12.2011, the deceased Radha Krishna V. was proceeding on a motor cycle bearing registration No.KA-08-K-4358. When he reached near Ambedkar Park, Bangarpete, a Bajaj motor cycle bearing registration No.KA-18-A-1977, which was being driven by its rider in a rash and negligent manner, came from the opposite direction and dashed against the motorcycle of the deceased. 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 30 years at the time of accident and was employed as a mason and was earning a sum of Rs.20,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent riding of the rider of the Bajaj motor cycle. The claimants claimed compensation to the tune of Rs.30,00,000/- along with interest.