M.E. SUSHEELA Vs. KHALEEL M.M.

JUDGEMENT

(1.) This appeal under Sec. 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 dtd. 26/4/2013 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 18/2/2012 the deceased Mullerea S. Erappa was walking on the extreme left side of BM Road near SVS weigh Bridge, in Periyapatna Town, at that time, a motorcycle bearing registration No. KA-12-J-9966 which was being ridden in a rash and negligent manner, dashed against the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

(3.) The claimants filed a petition under Sec. 166 of the Act on the ground that the deceased was aged about 55 years at the time of accident and was working as coolie and earning Rs.300.00 to 400/- per day. The claimants claimed compensation to the tune of Rs.20,00,000.00 along with interest.