REKHA DEVI Vs. MUKESH YADAV

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 seeking enhancement of the amount of compensation against the judgment dtd. 28/1/2017 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 19/6/2015, the deceased Ramachandra Thakur was proceeding in a vehicle bearing Registration No.KA-19-C-5015. When he reached near Mangalur Junction, a lorry bearing Registration No.MP-20-HB-5677, which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the vehicle in which the deceased was traveling. 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 Sec. 166 of the Act claiming compensation on the ground 4that the deceased was aged about 41 years at the time of accident and was engaged as a coolie at Baikampadi Industrial Area, Mangalore and was earning a sum of Rs.20,000.00 per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the lorry by its driver. The claimants claimed compensation to the tune of Rs.30,00,000.00 along with interest.