RESHMA Vs. N.SUBRAYA HUKRAPPA GOWADA

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 13.04.2017, passed in MVC No.2168/2016 on the file of the VIIIAdditional District and Sessions Judge, Belagavi (hereinafter it is referred to as the tribunal ).

(2.) The facts leading upto filing of the present appeal briefly stated are that on 18.08.2016 at about 22.15 hours one Suraj Son of Basavant Malai was proceeding on a motorcycle bearing registration No.KA-22/ED-6495 from Raviwar Peth towards Mujawarkhut, Fort Road, at that time, TATA Motors Tanker bearing registration No.KA19/5372 driven by its driver in a rash & negligent manner while attempting to overtake the motorcycle of the deceased dashed against the deceased. As a result of the same, the deceased fell down and the right side rear wheel of the said tanker ran on the head of the deceased resulting ingrievous injuries on the vital parts of the body of the accused and he succumbed to the same on the spot.

(3.) Thereupon the claimants being the wife, children & parents of the deceased filed a claim petition u/s 166 of the M.V. Act claiming compensation in a sum of Rs.50,00,000/- contending inter alia that the deceased was aged about 28 years at the time of accident, was working as a Salesman in Jai Ganesh Cloth Center and was earning Rs.15,000/- per month; that the deceased was the sole bread earner in the family and the untimely death of the deceased on account of the rash and negligent driving of the offending vehicle by its driver has caused emotional and financial distress to the claimants. Hence, sought for compensation.