PUTTAMMALLAMMA Vs. AZAGAR PASHA

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) is filed by the claimants seeking enhancement of the amount of compensation against the judgment dated 14.08.2017 in MVC No.26/2016 passed by the Senior Civil Judge & J.M.F.C. and Motor Accidents Claims Tribunal, Gundlupet.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 04.12.2015 when Lokanath was proceeding on a motor cycle as a pillion rider along with one Siddappa from Goni Tumkur Village to Hasaguli Village and when they reached Chakra Petrol Bunk on B.N. Road, Srirangapatna, the driver of the Canter lorry drove the same in a rash and negligent manner and dashed to the hind side of the motor cycle due to which Lokanath died on the spot and the rider of the motor cycle sustained grievous injuries.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 24 years at the time of accident and was an agriculturist and also a milk vendor by avocation and was earning a sum of Rs.20,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the offending Canter Lorry by its driver. The claimants claimed compensation to the tune of Rs.34,00,000/- along with interest.