RENUKAMMA Vs. NARENDRA S.

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 against the judgment dated 01.06.2017 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 27.10.2015 deceased Mariyappa went to a temple in his TVS Heavy duty motor cycle bearing registration No.KA-04 HH-3840. When he reached near Chunchadenahalli gate on Kolar-Narasapura NH-75 road, one Ashoka Leyland goods vehicle bearing registration No.KA-07 A-3633 which was being driven by its driver in a rash and negligent manner, dashed the motor cycle of the deceased. As a result of the aforesaid accident, 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 accident had taken place solely on account of rash and negligent driving of the driver of the offending goods vehicle. It was further pleaded that the deceased was aged about 50 years at the time of accident and was working as a mason and was earning Rs.30,000/- p.m. Accordingly, compensation to the tune of Rs.50,00,000/- along with interest at 12% p.a. was sought.