ABDUL WAHAB SHARIF Vs. SIDDALINGE GOWDA

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 claimants seeking enhancement of the amount of compensation, against the judgment dated 28.11.2018 in MVC. 7488/2017 passed by the Member Prl. Motor Accident Claims Tribunal, Bangalore. (hereinafter referred to as 'the Tribunal' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 28.09.2017, when Farida left her sheep for gazing in the gomal land situated at Maralebekuppe village, Uyyamballi Hobli, Kanakapura Taluk, and was returning to her residence by walk, at that time, the rider of the motor cycle came from Kanakapura towards Doddalahalli side in a rash and negligent manner and dashed against Farida. Due to the same, she succumbed to the injuries on the spot.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 48 years at the time of accident and earning her livelihood as a Shepherd and was earning a sum of Rs.30,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent riding of the motor cycle by its rider. The claimants claimed compensation to the tune of Rs.20,00,000/- along with interest.