LAWS(KAR)-2020-12-161

A. VAIDYNANDAM Vs. MANAGER RELIANCE CO-OPERATIVE LIMITED

Decided On December 01, 2020
A. Vaidynandam Appellant
V/S
Manager Reliance Co-Operative Limited Respondents

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 30.12.2015 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 13.01.2008 at about 4.45 p.m., the deceased A.S.N.Sharma and one Mallikarjun were proceeding in a Tata Indica car bearing registration No.KA-04-P-9106 to Krishnaraja Sagar. At that time, the driver of the car, who drove the same in a rash and negligent manner, dashed against a moped bearing registration No.KA-09-R-8561 and proceeded further and dashed the drain situate by the side of the road. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same on the spot.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 23 years at the time of accident and was working as a Software Engineer at G.E.Healthcare, Global Technology Operations India and was earning a sum of Rs.41,667/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the driver of the car. The claimants claimed compensation to the tune of Rs.50,00,000/- along with interest.