LAWS(KAR)-2021-4-18

CHANDRAIAH Vs. K.S.R.T.C.

Decided On April 06, 2021
Chandraiah Appellant
V/S
K.S.R.T.C. Respondents

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 03.02.2014 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 27.08.2012, the deceased Lakshmankumar was traveling in a Karnataka State Road Transport Corporation Bus bearing registration No.KA-06-F-298 (hereinafter referred to as 'the offending vehicle' for short). When the offending vehicle reached near Jai Public School, Uruvekere, Tumkur, the same was driven by its driver in a rash and negligent manner, due to which the deceased fell down from the offending vehicle. 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 25 years at the time of accident and was employed as an executive at ANZ Company, Bangalore and was earning a sum of Rs.20,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the offending vehicle by its driver. The claimants claimed compensation to the tune of Rs.80,00,000/- along with interest.