SEGARAN.V Vs. INDU.N

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 claimant being aggrieved by the judgment dated 28.02.2019 passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH-19).

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 14.5.2018 at about 12.15 p.m., the deceased Violet Mary was proceeding as a pillion rider in Royal Enfield Thunder Bird Bullet bearing registration No.KA-42/J-5786 along with his son from Thanisandra via Narayanapura Cross, Hegdenagar main road. When they reached in front of Santhosh Medical stores, Hegdenagar main road, at that time the driver of Tipper lorry bearing registration No.KA-53/A-3159 drove the same in a rash and negligent manner and dashed against the motorcycle from backside. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries on the way to the hospital.

(3.) The claimant filed a petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.