PRAMILAMMA Vs. ABIRAMI J.

JUDGEMENT

(1.) These appeals under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) have been filed by the claimants being aggrieved by the judgment dated 14.12.2015 passed by the Motor Accident Claims Tribunal in MVC Nos.3308/2014 and 3309/2014. Since, both these appeals arise out of the same accident as well as a common judgment, they are heard together and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 16.05.2014 Mallikarjunappa and his friend Siddanagowda K.M., (deceased persons) were proceeding on a two wheeler bearing registration No.KA-02/HM-4578 from Nelamangala towards Bangalore on NH-4. At about 8.30 p.m. when they reached near Madavara, at that time, a lorry bearing registration No.TN-30/AL-5289 which was being driven in a rash and negligent manner, dashed against the two wheeler. As a result of the aforesaid accident, the deceased persons who were rider and pillion rider of the two wheeler sustained grievous injuries and succumbed to the injuries at the spot.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased in MVC No.3308/2014 was aged about 28 years at the time of accident and was a partner of Hi-Tech Engineers and Solutions and was earning Rs.30,000/- p.m. It was pleaded that the accident has occurred due to the rash and negligent driving of the driver of the lorry. The claimants claimed that they have spent Rs.60,000/- towards the transportation of the body and funeral expenses. The claimants claimed compensation to the tune of Rs.60,00,000/- along with interest at the rate of 12% p.a. The claimants in MVC No.3309/2014 have claimed that the deceased was aged about 31 years at the time of accident and was a partner of Hi-Tech Engineers and Solutions and was earning Rs.30,000/- p.m. It was pleaded that the accident has occurred due to the rash and negligent driving of the driver of the lorry. The claimants claimed that they have spent Rs.60,000/- towards the transportation of the body and funeral expenses. The claimants claimed compensation to the tune of Rs.51,00,000/- along with interest at the rate of 12% p.a.