UMA GANGADHARAGOWDA Vs. S.NAVEEN KUMAR

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 24.7.2014 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 25.5.2007 when the deceased was riding his Hero Honda Splendor motorcycle bearing Registration No.KA-11-J-7889 near Shivapura Railway Station Cross towards Maddur Town on MC Road, at that time, Maruthi Esteem Car bearing registration No.KA-04-M-6929 which was being driven in a rash and negligent manner, dashed against the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries in the hospital on 4.8.2007.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 58 years at the time of accident and was doing agricultural work in his land and getting Rs.15,000/- p.m. and he was also getting monthly pension of Rs.8,000/-. The claimants claimed compensation to the tune of Rs.60,00,000/- along with interest. On service of summons, the respondent No.2 filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the accident was due to the rash and negligent riding of the motorcycle by the deceased himself. It was further pleaded that the quantum of compensation claimed by the claimants is exorbitant. Hence, he sought for dismissal of the petition. The respondent No.1 appeared through counsel but did not file written statement.