B. K. ARUNA Vs. PAPIREDDY N.

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 25.04.2018 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 25.02.2017, the deceased CR Krishnamurthy was proceeding on motor cycle bearing registration No.KA-08-L-1961 near Ganesh Darshan Hotel, Malur Town. At that time, a tipper lorry bearing Registration No. KA-53-C-8829 (hereinafter referred to as 'the offending lorry' for short), which was being driven by its driver in a rash and negligent manner, which was being driven in front of the motorcycle which the deceased was riding, without giving any indication suddenly applied the brakes and stopped the offending lorry and at the same time, a Tata ace vehicle bearing registration No.KA-41-A-2925 (hereinafter referred to as 'the offending auto' for short), which was being driven by its driver in a rash and negligent manner, dashed against the rear of the motorcycle which the deceased was riding. 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 59 years at the time of accident and was engaged as an LIC Agent, Agriculturist and an oil businessman and was 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 lorry as well as the offending auto by its respective drivers. The claimants claimed compensation to the tune of Rs.40,00,000/- along with interest.