ERAMMA Vs. IFFCO TOKIO GENERAL INSURANCE CO.LTD

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 seeking enhancement of the amount of compensation against the judgment dated 29.08.2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 14.08.2015, the deceased Mudalagiryappa was proceeding on his bicycle on NH7 Hosur Road. When he reached near Thirumala Bar, a lorry bearing Registration No. TN/28- 1414, which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the bicycle of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 45 years at the time of accident and was engaged in real estate business and was earning a sum of Rs.20,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the lorry by its driver. The claimants claimed compensation to the tune of Rs.39,00,000/- along with interest.