ABBASS M. I. Vs. IMTHIYAZ

JUDGEMENT

(1.) This appeal, though listed for admission, is taken up for final disposal with the consent of the learned counsel appearing for the parties.

(2.) 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 21.12.2015 passed by the Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal, Udupi, in M.V.C. No.365/2014.

(3.) Facts giving rise to the filing of the appeal briefly stated are that on 5.3.2014 at about 12.00 a.m., the deceased, son of the claimants, was riding motor bike bearing registration No.KA-20-EE-2429 and proceeding to Kundapura from Udupi. At Brahmavara, near SMS Church, one Maruti Eco car bearing registration No.KA-20-C-785 which was being driven by its driver in a rash and negligent manner, coming from the opposite direction dashed against the motor bike of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same at KMC Hospital, Manipal.