LAKSHMIDEVI Vs. T. VENKATASWAMY

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 seeking enhancement of the amount of compensation against the judgment dated 26.04.2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that the deceased H.Lokesh was proceeding in his motorcycle bearing Registration No.KA-16-S-7834. When, he reached near Hottejjappana Kapile Gate on Challakere-Hiriyur Road, a Bolero Pickup Vehicle bearing Registration No.KA-05-AD- 4416, which was being driven by its driver in a rash and negligent manner and dashed against the motorcycle of the deceased from behind. 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 40 years at the time of accident and was an agriculturist 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 driving of the driver of the Bolero vehicle. The claimants claimed compensation to the tune of Rs.32,60,000/- along with interest.