ANITA Vs. MAHESH

JUDGEMENT

(1.) This appeal is filed by the claimants under Section 173(1) of the Motor Vehicles Act (for short the Act ) challenging the judgment and award dated 05.08.2017 passed by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Kalaburagi (for short hereinafter referred to as the Tribunal ) in MVC No.869/2014 on the ground of quantum of compensation.

(2.) Parties are referred to as per their ranking before the Tribunal.

(3.) Facts giving rise to filing of this appeal are that on 07.07.2014 at about 2.30 p.m., on N.H.218 near Saradagi, Parsi Khani, the deceased-Vaijanath and his friend Mahesh were returning from Jewargi towards Gulbarga in Toyota Innova car bearing registration No.KA.17/M-9972 which was driven by one Anand and the said car was driven by its driver in a high speed and in a rash and negligent manner and dashed to a Neem tree, due to which, the car capsized and the said Vaijanath sustained grievous injuries and died on the spot. The criminal case was registered against the driver of the car in Crime No.100/2014. The claimants being the legal representatives of the deceased- Vaijanath filed claim petition under Section 166 of the Act seeking compensation of Rs.17,50,000/- for the death of Vaijanath in the road traffic accident.