K. NAGARAJA RAO Vs. RAHUL R.

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 09.12.2016 passed by the Motor Accident Claims Tribunal (hereafter referred to as 'the Tribunal' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 03.05.2015 at about 9.50 a.m., deceased N.Ashwath was traveling in a Tata Indica Vista Car bearing Registration No.KA-06-N-9540 from Tumkur to Davanagere as a passenger on NH-4 near Nithyananda Ashram, K.R.Halli Gate, Hiriyur Taluk. The driver of the said car drove the same in a rash and negligent manner with a high speed resulting in toppling down under a bridge. Due to the accident, 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 27 years at the time of accident and that he was working as a Guest Lecturer at Cheric Public School, Madhugiri and Government First Grade College, at Madhugiri and was also an Agriculturist. He was getting monthly income of Rs.35,000/-. It was further pleaded that the accident took place solely on account of rash and negligent driving of the private bus. The claimants claimed compensation to the tune of Rs.50,00,000/- along with interest.