AMBUBAI PAVAR Vs. MALLESH

JUDGEMENT

(1.) Mfa No.201832/2015 is filed by the claimants and MFA No.201607/2015 is filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 (for short, the Act ) against the judgment and award dated 16.06.2015 passed by II Addl. District and Sessions Judge, Raichur (for short 'the Tribunal') in MVC No.45/2015.

(2.) Facts leading to filing of the aforesaid appeals briefly stated are that, on 01.05.2014 deceased Laxmans along others was proceeding in a Car bearing Reg.No.KA-49/M-832 towards Kalaburagi and when they reached Golapalli Bridge, near Valmiki Math at about 1.00 p.m., a Lorry bearing Reg.No.KA-32/5297 came from opposite direction driven by its driver in a rash and negligent manner and dashed the aforesaid Car causing the accident resulting in the deceased sustaining injuries and succumbed to the same.

(3.) Thereupon, the claimants filed petition under Section 166 of the Act seeking compensation on the grounds inter alia that the deceased was working as a Music Teacher and also as a pigmy collector and by his both profession the deceased was earning Rs.18,550/- per month. The deceased was aged about 37 years and that the claimants were dependents on him. That the untimely death of the deceased had caused hardship to the claimants. The death was due to the rash and negligent driving of the offending vehicle. Hence, sought for granting of compensation.