DILSHAD Vs. SHREEDHARA

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 17.11.2015 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 31.12.2013 the deceased along with other persons was proceeding in Scorpio vehicle bearing registration No.KA-04/MH-8454 towards Shivanasamudra as a driver. When they reached near Ramaruda Mata, Gangabeedi on Tank Bund road, Malavalli, a Bolero Goods vehicle bearing registration No.KA-10/7822 which was being driven by its driver in a rash and negligent manner, dashed against the Scorpio vehicle. As a result of the aforesaid accident, the deceased 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 was aged about 46 years at the time of accident and was working as Cook at Alives Cafee and earning Rs.15,000/- per month. The claimants claimed that they have spent Rs.35,000/- towards funeral expenses. The claimants further claimed compensation to the tune of Rs.27,50,000/- along with interest.