MANJULA Vs. ZABIULLA DYAVANKATTE

JUDGEMENT

(1.) This appeal, though listed for admission, is taken up for final disposal with the consent of the learned counsel appearing for the parties.

(2.) 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 21.10.2015 passed by the IV Additional District and Sessions Judge, Shimoga, sitting at Bhadravthi and Additional Motor Accident Claims Tribunal (IV), Bhadravathi, in M.V.C. No.214/2014.

(3.) Facts giving rise to the filing of the appeal briefly stated are that on 12.1.2014 at 9.00 p.m., the deceased A. Thirumurthy was going on Honda Activa bearing registration No.KA-14-EC-5254 from Krishnappa Circle Side. At that time, driver of Tata Ace vehicle bearing registration No.KA-27-A-6936 which was being driven by its driver in a rash and negligent manner, dashed against the vehicle of the deceased. As a result of the aforesaid accident, the deceased sustained head injury and succumbed to the same.