RENUKA Vs. YAMANAPPA APPANNA TALWAR

JUDGEMENT

(1.) The appeal is filed by the claimant under Section 173(1 ) of the Motor Vehicles Act, (for short "the Act ") against the Judgment and Award dated 17th December 2016, passed in MVC No.158/2016 on the file of the XI- Addl. District and Sessions Judge and Addl. MACT, Belagavi ( for short "the Tribunal ").

(2.) The facts leading upto filing of the present appeal briefly stated are that on 14.12.2015 at about 11 :30 a. m. the deceased-Parasharam was proceeding on a motorcycle bearing registration No.KA-22 /EF-9780 along with his daughter Smt. Shobha; when they came near Fish Market on Khanapur-Belagavi NH-4A road, a tempo bearing registration KA- 29/2070 driven by its driver in a rash and negligent manner came and dashed to the motorcycle. Due to which, the deceased and his daughter fell down. The deceased sustained grievous injuries and succumbed to the injuries during treatment.

(3.) Thereupon the claimants being the wife, sons and daughter of the deceased filed a claim petition under Section 166 of the M. V. Act claiming compensation in a sum of Rs.30 ,00,000/- on the premise that the deceased was aged about 58 years at the time of accident, carrying on agricultural work and earning Rs.12,000 /- per month and due to the untimely death of the deceased in the aforesaid accident which occurred solely on account of the rash and negligent driving of the vehicle by its driver has caused emotional and financial distress to the claimants.