BALAKRISHNAN Vs. L. NAGENDRA

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 claimants against the judgment dated 24.01.2018 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the claims tribunal' for short) seeking enhancement of the amount of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 12.07.2016 at about 4.45 p.m. deceased Ganesh was riding the motor cycle and was proceeding from Bangalore to KGF. At that time, car bearing registration No.KA04-D-8018, which was being driven by its driver in a rash and negligent manner dashed the motor cycle of the deceased from behind. As a result of aforesaid accident, deceased sustained grievous injuries and was hospitalized and eventually succumbed to injuries.

(3.) The claimants thereupon filed a petition under Section 166(1) of the Act inter alia on the ground that deceased was aged about 32 years at the time of accident and was working as sales and service representative M/s Parekh Agencies and used to earn Rs.30,000/- per month. It was further pleaded that the accident has taken place on account of rash and negligent driving of the driver of the car. Accordingly, compensation of Rs.50 Lakhs along with interest was sought.