KANAGA Vs. NIRANJAN BABY G. D.

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 01.02.2019 passed by the Motor Accident Claims Tribunal in MVC No.2477/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 01.01.2018, the deceased Prashanth R was proceeding by walk near Ambu's House on KGF- Kamasamudram Main Road. At that time, a motor cycle bearing Registration No.KA-08-V-2727, which was being driven by its rider in a rash and negligent manner, dashed against the deceased who was walking by the side of the road. 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 45 years at the time of accident and was engaged a driver and was earning a sum of Rs.18,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the motor cycle by its rider. The claimants claimed compensation to the tune of Rs.30,00,000/- along with interest.