NATIONAL INSURANCE COMPANY LTD. Vs. AVVAMMA

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) is filed by the Appellant-Insurance company challenging the Judgment and award dated 14.12.2018 passed in MVC No.1267/2017 by the V Additional District and Sessions Judge and Member, Additional Motor Accident Claims Tribunal at Dakshina Kannada, Mangaluru.

(2.) Facts giving rise to the filing of the appeal briefly stated are that the deceased Ilyas was working as a cleaner in Ecomet Lorry bearing registration No. KA-21-B-0607 and on 19.07.2017 at about 4.00 a.m. when the deceased was proceeding in the said lorry from Bangalore to Mangalore side and at a place called Malnad Hotel of Rekhya Village, Belthangady Taluk, D.K. the driver of the said lorry drove the same in a rash and negligent manner and went to the extreme left side of the road and dashed against the Container Lorry bearing registration No.KA-19-B-1139 which was parked in the mud road. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.

(3.) The legal representatives of the deceased thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 47 years at the time of accident and was working as a cleaner of the lorry and was earning a sum of Rs.20,000/- per month. It was further pleaded that the accident took place solely on account of rash and negligent driving by the driver of the lorry. The claimants claimed compensation to the tune of Rs.40,00,000/- along with interest.