B.C. USHA Vs. KUMAR J

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 being aggrieved by the judgment dated 14.08.2015 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that deceased K.L.Venkatesh at about 6.00 a.m. on 10.4.2013 was on morning walk and was proceeding on foot path near Bharatiya Samskruthi Vidya Peetha, Nagarbhavi Ring Road, Bangalore. At that time, car bearing registration No.KA-14-A-9561 which was being driven in a rash and negligent manner by its driver, dashed against the deceased. The deceased was thrown and fell to the road and suffered fatal injuries all over the body. He was immediately shifted to hospital and eventually succumbed to the injuries on 11.04.2013.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 54 years at the time of accident and was employed as Assistant engineer in Bangalore Development Authority and was earning Rs. 51,000/- p.m. It was further pleaded that the accident took place on account of rash and negligent driving of the car by its driver. The claimants claimed compensation to the tune of '.76,00,000/- along with interest at the rate of 18%.