PANKAJA Vs. GAJENDRA

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 17.04.2018 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 02.11.2014, the deceased Puttaraju was walking by the side of the road. When he reached near Madalli Village, a tractor and trailer bearing registration Nos.KA-10-50478 and KA-10-T- 0479, which was being driven by its driver in a rash and negligent manner, came from behind and dashed against 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 35 years at the time of accident and was employed as a painter and was earning a daily wage of Rs.750/-. It was further pleaded that accident took place solely on account of rash and negligent driving of the lorry by its driver. The claimants claimed compensation to the tune of Rs.29,10,000/- along with interest.