GEETHAMMA Vs. K.R.SURESH KUMAR,

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 01.04.2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 28.07.2015 at about 6.00 p.m. deceased Devanna @ Revegowda was coming back from Gundlupet after unloading tomatoes in his Goods Auto. When he was at Begur on Mysore-Ooty road, a bus bearing registration No.KA-01/AB-4115 came from Mysore side, 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 while undergoing treatment at the hospital.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 19 years at the time of accident and was working as a driver of the autorickshaw and he was doing agriculture and was earning RS.15,000/- p.m. and the claimants were dependants of the deceased. The claimants claimed that they have spent RS.50,000/- towards funeral and obsequies of the deceased. The claimants claimed compensation to the tune of RS.30,80,000/- 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 bus. It was further pleaded that the deceased was driving the goods auto in a rash and negligent manner and he was not having a valid and effective driving licence. 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.