HARISCHANDRA ALVA Vs. MOHAMMED KHALANDER SHAFFIE

JUDGEMENT

(1.) Sri Hareesh Bhandary J., learned counsel for the appellants - claimants.

(2.) This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) by the appellants - claimants seeking enhancement of compensation by assailing the validity of the judgment and award dated 31.03.2017 passed by the Motor Accident Claims Tribunal ('Tribunal' for short) in MVC.No.100/2015, by which a sum of Rs.38,72,900/- along with interest at the rate of 6% p.a. has been awarded.

(3.) Facts giving rise to the filing of the appeal briefly stated are that, on 28.05.2014, when the deceased Harischandra Alva was riding a motorcycle bearing registration No.KA-19/EG-8800 from Kuloor towards Urva side, at that time, a City Bus bearing registration No.KA-19/C-5436, which was being driven by its driver in a rash and negligent manner dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased fell down from the motorcycle, sustained grievance injuries and succumbed to the injuries on 26.09.2015. There upon, the claimants filed a petition under Section 166 of the Act, inter alia, on the ground that the accident took place only due to rash and negligent driving of the City Bus. It was further pleaded that the deceased at the time of accident was aged about 48 years, employed as a Secretary to ED & COO in Mangalore SEZ Limited. The claimants accordingly claimed compensation to the tune of Rs.1 crore along with interest at the rate of 12% p.a.