H. S. NEMERAJ Vs. NATIONAL INSURANCE CO. LTD.

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 25.01.2017 in MVC.No.1006/2014 passed by the Senior Civil Judge and J.M.F.C. and Member, Motor Accident Claims Tribunal at Thirthahalli (hereinafter referred to as 'the Tribunal' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 02.03.2014, when Dhanyaraj as pillion rider and one Santhosh as a rider were proceeding on motorcycle, at that time, on Thirthahalli Agumbe Road, a wild buffalo was crossing the road, the rider of the motor cycle in a rash and negligent manner applied the brake suddenly. As a result of the same, the rider as well as the pillion rider fell down along with motorcycle and sustained grievous injuries. Due to the grievous injuries, the said Dhanyaraj succumbed to the same.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation interalia stating that the deceased was aged about 25 years at the time of accident and the claimants were depending on the income of the deceased. It was further pleaded that the deceased was working as supervisor at Navaranga Chats and Juice Centre, Bengaluru and was earning Rs.12,000/- p.m. It was further pleaded that the accident took place solely on account of rash and negligent riding of the rider of the motor cycle. The claimants claimed compensation to the tune of Rs.30,25,000/- along with interest.