YASHODHA Vs. SHARATH KUMAR ACHARYA

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 and award dated 24.10.2016 passed by the Motor Accident Claims Tribunal - IV, D.K., Mangaluru in M.V.C.No.1043/2015.

(2.) Facts giving rise to the filing of the appeal briefly stated are that, on 03.05.2015, the deceased Hemachandra was traveling as a pillion rider on the motorcycle bearing registration No.KA-19-ED-9562 from Lalbagh to Urwa side. One Ranjith kumar was riding the motorcycle and the claimants contended that he was riding the vehicle in a rash and negligent manner. At about 10.30 p.m., near Chikitha Junction on Urwa Marigudi sulthan Batheri Road, while trying to avoid a street dog lost control over the motorcycle. The deceased fell on the ground and sustained grievous injuries and he was thereafter shifted to KMC hospital, inspite of best treatment, he succumbed to the injuries on the next day at about 8.40 p.m.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 48 years at the time of accident, he was employed as a Goldsmith and earning Rs.24,000/- p.m. and doing jewellery work. On the loss of the deceased, who was the sole bread winner, the claimants claimed compensation to the tune of Rs.30,00,000/- along with interest at 9% p.a.