KEMPAMMA Vs. TAMSHEER AHMED

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 07.07.2015 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the tribunal' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 08.06.2014, the deceased Venkateshaiah was standing near Darbar Hotel, N.H-4 behind Bolero Vehicle bearing registration No.KA-06D- 1131. At that time, a lorry bearing registration No.KA- 01-AB-7792, which was being driven by its driver in a rash and negligent manner came from the opposite direction and dashed 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 55 years at the time of accident and was an agriculturist and milk vendor by occupation and was earning a sum of Rs.15,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the driver of the lorry. The claimants claimed compensation to the tune of Rs.25,00,000/- along with interest.