NAGARAJAPPA Vs. RAJASHEKHAR

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) is filed by the claimants seeking enhancement of the amount of compensation, against the judgment dated 14.10.2016 in MVC No.38/2016 passed by the Senior Civil Judge and JMFC, MACT, Hosadurga, (hereinafter referred to as 'the Tribunal' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 25.10.2015, when Beeresh was proceeding on a motorcycle as a pillion rider along with rider - Nagaraja from Kallathgiri to Hosadurga, and while the said vehicle was overtaking an auto at Kallathgiri-Ligadahalli Hobli, Tarikere Taluk, at that time, a driver of Maruthi car coming from opposite side drove it in a rash and negligent manner and dashed against the motorcycle, as a result of the same, the said Beeresh sustained grievous injuries and he was taken to Tarikere Government Hospital for treatment, where he was declared brought dead.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 18 years at the time of accident and he was a mason and was earning a sum of Rs.600/- per day. It was further pleaded that the accident took place solely on account of rash and negligent driving of the car by its driver. The claimants claimed compensation to the tune of Rs.44,00,000/- along with interest.