RAJEEVA SHETTY Vs. SHAKIL AHAMAD

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 24.01.2017 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 23.09.2014 at 3.31 a.m. deceased Ranjith Shetty was proceeding on his Bajaj Pulser motor cycle bearing registration No.KA-20 EB2647 along with pillion rider Harish from Siddapura Village of Kundapura towards Dharmasthala on NH7 Hosur Road. When they reached near Hebri junction, Hebri Village, a Mahindra LGV-L1 goods vehicle bearing Registration No.KA-18 B-5009, which was being driven by its driver in a rash and negligent manner and in a high speed, came from Agumbe side and dashed against the motor cycle of the deceased. As a result of the aforesaid accident, the 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 31 years at the time of accident and was owning grocery shop and earning a sum of Rs.30,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the offending goods vehicle by its driver. The claimants claimed compensation to the tune of Rs../- along with interest.