MALLIKA Vs. SUSHANTH @ SUSHANTH KAMATH

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 04.03.2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 15.02.2015 deceased Niranjan was coming back from Hassan in the motorcycle bearing registration No.KA-18/K-9773. When he reached Chickmagalur, a car bearing registration No.KA-01/MK- 8323, which was being driven in a rash and negligent manner, dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

(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 looking after the lorries of his father and was earning '.15,000/- p.m. and the claimants were dependants of the deceased. The claimants claimed compensation to the tune of '.25,00,000/- along with interest. On service of notice, the respondent No.1 filed written statement in which the averments made in the petition were denied. It was further pleaded that the vehicle was insured with respondent No.2. The age and income of the deceased and the amount spent for transportation of deadbody and funeral expenses was also denied. The respondent No.2 - insurance company even though appeared, did not file written statement.