RANJITA D.S. Vs. MOHAMMED ALI

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 08.01.2016 passed by the Motor Accident Claims Tribunal, seeking enhancement of the amount of compensation.

(2.) Facts leading to filing of this appeal briefly stated are that on 15.06.2012, the deceased Harishkumar along with two other pillion riders was traveling on motorcycle bearing Registration No. KA-17- Q-3165 towards Honnalli. When the deceased reached near Kammanahalli Hill abutting Shivamogga-Harihara Road, a lorry bearing Reg No. KA 20-B-9167 which was being driven in a rash and negligent manner by its driver came from the opposite direction and dashed against the motor cycle of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

(3.) Thereupon, the claimants filed a petition under Section 166(1) of the Act, in which inter alia it was pleaded that the deceased was aged about 29 years and was practicing as an Advocate at Honnali. It was further pleaded that the deceased was an LL.M. graduate and had also completed Cyber Law course at Mysore and used to earn Rs. 35,000/- p.m. It was also pleaded that appellant No.1 is the wife, appellant No.2 is the son, appellant No.3 is the mother and appellant No.4 is the father who were dependant on the income of the deceased. It was pleaded that the accident took place on account of rash and negligent driving of the lorry by respondent No.1 and respondent No.2 who is the insurer is liable to pay the amount of compensation.