ANITA H. Vs. V. N. JAYA

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 seeking enhancement of the amount of compensation against the judgment dated 26.12.2019 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in MVC No.5448/2016.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 05.07.2016, the deceased Vinayak Naik was proceeding as a pillion rider on a motor cycle bearing Regsitration No.KA-02-EW-5417. When he reached near Swimming Pool Extention, Malleshwaram, Bangalore, the driver of the car bearing Registration No.KA-50-M-6825 (hereinafter referred to as 'the offending vehicle' for short), which was parked on the side of the road, suddenly without exercising proper care and caution opened the door of the car, thereby hitting the motor cycle 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 Section 166 of the Act claiming compensation on the ground that the deceased was aged about 39 years at the time of accident and was employed as a First Division Assistant at the Fisheries Department, Government of Karnataka, Bangalore and was earning a sum of Rs.30,496/- per month. It was further pleaded that accident took place solely on account of negligence of the driver of the offending car in opening the door of the car suddenly without proper care and caution. The claimants claimed compensation to the tune of Rs.1,00,00,000/- along with interest.