BHARATHI AXA GIC LTD Vs. ASHWINI P.S.

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act (for short hereinafter refereed to as the M.V.Act) has been filed by the Insurance Company against the judgment dtd. 19/4/2018 passed by the Motor Accident Claims Tribunal (hereinafter referred to as the Claims Tribunal).

(2.) Facts giving rise to the filing of this appeal briefly stated are that the deceased M.R.Raju was proceeding on the motor cycle bearing registration No.KA-06-EQ-810 as a pillion rider from Sira to Kallambella. The aforesaid vehicle was being ridden by one Kenchappa. When the deceased reached near Edigara Dasaraghalli gate on Sira-Tumkur National Highway-48 road, the rider of the motor cycle rode the vehicle in a rash and negligent manner and dashed the same against an iron mesh which was fixed by the side of the road. As a result of the aforesaid accident, the pillion rider of the vehicle viz. the deceased M.R.Raju sustained grievous injuries on his head and succumbed to the same.

(3.) The claimants thereupon filed the petition under Sec. 166(1)of the MV Act in which inter alia it was stated that the deceased at the time of accident was 40 years old and was employed as a librarian and also engaged in agricultural work. It was however pleaded that the deceased was earning a sum of Rs.15,000.00 p.m. and was the only earning member of the family.