SHABEENA BANU Vs. AKTHER KALEEL

JUDGEMENT

(1.) Though this appeal is listed today for admission, the same is taken up for final disposal with the consent of the learned counsel for the parties.

(2.) This appeal is filed by the claimants seeking enhancement of the compensation awarded by the I Additional District Judge and M.A.C.T. at Tumakuru (hereinafter referred to as the Tribunal) in M.V.C.No.259/2016 in terms of the judgment and award dtd. 4/10/2016. Parties will henceforth be referred to as they were arrayed before the Tribunal.

(3.) The claim petition discloses that the claimants are the legal representatives of Shabreen Taj who was aged 19 years at the time of accident. It is stated that on 8/1/2016, Shabreen Taj and her relative were riding on a motorbike bearing Registration No.KA-06-EE-0672 from Bukkapatna Village towards Hoysalakatte Village. When they reached Bukkapatna Forest, a bus bearing Registration No.KA-06-B-5436 (henceforth referred to as the offending vehicle) dangerously driven by its driver and dashed against the motorbike. The said Shabreen Taj and the pillion rider fell down and suffered serious injuries and the said Shabreen Taj died at the spot. The claimants contended that the accident was due to the rash and negligent driving of the offending vehicle. Hence, filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation of a sum of Rs.25,00,000.00. It was stated that the deceased was pursuing her degree course and was also earning Rs.15,000.00 per month by doing tailoring and household work. The owner of the offending vehicle contested the claim petition by denying the contentions therein. The insurer contested the claim petition claiming that the deceased was negligent and was responsible for the accident as she lost control of the motorbike. The insurer alternatively contended that the claimants had conspired with the jurisdictional police in implicating the offending vehicle. He also contended that the driver of the offending vehicle possessed a valid license.