UNITED INDIA INSURANCE CO. LTD. Vs. SHRUTHI

JUDGEMENT

(1.) 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 Insurance Company against the judgment dated 29.07.2019 passed by the Motor Accident Claims Tribunal in MVC No.443/2016.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 10.10.2015, the deceased Dr. Harish KM was proceeding in a car bearing registration no. KL-13-R3940 near the bridge at Konanakavalu Forest, Kibbanahalli Hobli, Tiptur. At that time, a car bearing Registration No. KA18-B-8225 (hereinafter referred to as 'the offending vehicle' for short), which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the car in which the deceased was travelling. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 38 years at the time of accident and was employed a radiologist at Shridevi Institute of Medical Sciences and Research Hospital, Tumkur and was earning a sum of Rs.2,00,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the offending vehicle by its driver. The claimants claimed compensation to the tune of Rs.2,50,00,000/- along with interest.