BOYA MAMATHA Vs. B.RUKMACHARI

JUDGEMENT

(1.) The appeal u/s 173(1) of the Motor Vehicles Act, (hereinafter it is referred to as the Act ) is filed by the claimants against the Judgment & Award dated 20.03.2019, passed in MVC No.447/2016 on the file of the I-Addl. Senior Civil Judge and Member, MACT-V, Ballari (hereinafter it is referred to as the tribunal ).

(2.) The facts leading upto filing of the present appeal briefly stated are that on 08.04.2016 at about 8:30 a.m. one Boya Jagadish @ Jagadish was proceeding on a motorcycle bearing registration No.AP02/AX-1085 from Kalyana Jurga towards Ontimiddi village, at that time respondent No.1 being the driver of the APSRTC bus bearing registration No.AP-02/Z-0252 came from Anantapur side in a high speed, rash & negligent manner and dashed against the motorcycle of the deceased. Due to the impact, the deceased fell down and sustained sever head injury and other injuries all over the body. Immediately he was shifted to Community Health Center, Kalyanadurga for treatment, but the Doctors declared him dead.

(3.) Thereupon the claimants being the wife, parents & daughter of the deceased filed a claim petition u/s 166 of the M.V. Act claiming compensation in a sum of Rs.27,50,000/- contending inter alia that the deceased was aged about 21 years at the time of accident, was working as a mestri and was earning Rs.500/- per day and contributing the entire earning for maintenance of his family; that the untimely death of the deceased in the aforesaid accident has caused emotional and financial distress to the claimants. Hence, sought for compensation.