MAHADEVAMMA C.B. Vs. VENKATESHA V.K.

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 claimant being aggrieved by the judgment dated 24.12.2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 13.01.2016 at about 8.30 p.m. deceased Chethan was proceeding on his motorcycle bearing registration No.KA-09/EK-1537 from Hunsur to his village Harinahalli village on Hunsur-Virajpet road. When he reached Harinahalli Gate, the driver of the tractor and trailer bearing registration No.KA-12/T-4893 and T-4894 came at a high speed and in a rash and negligent manner, dashed against the motorcycle. As a result of the aforesaid accident, the deceased died at the spot.

(3.) The claimant filed a petition under Section 166 of the Act on the ground that the deceased was aged about 24 years at the time of accident and was doing cleaner work and earning Rs. 15,000/- p.m. and the claimant was the dependant of the deceased. The claimant claimed compensation to the tune of Rs. 36,50,000/- along with interest @ 12% p.a. On service of notice, the respondent Nos.1 and 2 appeared through their counsel, but they did not file the written statement. The respondent No.3 appeared through its counsel and filed the written statement, in which the averments made in the petition were denied. It was pleaded by respondent No.2 that the accident took place on account of rash and negligent riding of the deceased himself and the petition is bad for non- joinder of necessary party. It was further pleaded that the compensation and interest claimed are excessive and exorbitant. It was further pleaded that the respondent No.2 has violated the conditions of policy and prays for dismissal of the petition.