PRABHA M.P. Vs. MOHAMMED ISMAIL (DRIVER)

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 dated 16.09.2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 08.05.2015 at about 6.00 p.m. deceased Shashidhar Acharya was riding his motorcycle bearing registration No.KA-03/EF-4344 on Uppinangady - Kadaba public road. When he reached Kemmara, Baddamane of Koila village, Puttur Taluk, a lorry bearing registration No.KA-21/A-4115 came from opposite side, being driven by its driver at a high speed and in a rash and negligent manner, dashed against the motorcycle and immediately he was hospitalized and he succumbed to the injuries.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 43 years at the time of accident and was a Goldsmith and he was also gold appraiser for various banks and earning more than Rs. 25,000/- p.m. and the claimants were dependants of the deceased. The claimants claimed that they have spent Rs. 75,000/- towards medical expenses, postmortem, transportation charges, funeral and obsequies of the deceased. The claimants claimed compensation to the tune of Rs. 75,00,000/- along with interest. On service of notice, the respondent Nos.1 to 3 appeared through their counsel and have filed written statements, in which the averments made in the petition were denied. The age, occupation, income, date, time and place of accident was also denied. It was pleaded by respondent Nos.1 and 2 that the deceased was driving the vehicle without holding valid DL and insurance policy, at a high speed and in a rash and negligent manner and dashed against the lorry. It was further pleaded that the lorry was insured with the respondent No.3 and the driver of the lorry was holding a valid driving licence. The respondent No.3 in his written statement pleaded that the accident was entirely due to negligent riding of the deceased himself and the rider of the motor cycle as well as the driver of the lorry did not possess the valid DL and permit at the time of the accident. Hence, they sought for dismissal of the petition.