HANMANTHAPPA Vs. RACHAPPA

JUDGEMENT

(1.) Mfa No.200995/2015 is filed by the claimants while MFA No.201046/2015 is filed by the Insurance Company against the judgment and award dated 21.05.2015 passed by the Principal Motor Accident Vehicles Claims Tribunal and Principal District and Sessions Judge, Bidar (hereinafter for short, 'the Tribunal').

(2.) Facts leading to filing of the aforesaid appeals briefly stated are that on 15.08.2014 at about 7.40 p.m. deceased Shivakumar was riding his motorcycle bearing Reg.No.KA-39-E-434 towards Markhal village. At that time, a Bus bearing Reg.No.KA.39-7213 came from opposite direction driven by its driver in a rash and negligent manner and dashed against the motorcycle of the deceased who sustained grievous injuries and succumbed to the same on the spot.

(3.) Thereupon, the claimants being the parents and a sister of the deceased filed petition under Section 166 of the Motor Vehicles Act seeking compensation on the ground that the deceased was aged about 27 years and was employed at Zuventus Company as Marketing Executive and was earning a sum of Rs.20,833/- p.m. That the claimants were depending upon the earnings of the deceased and untimely death of the deceased due to rash and negligent driving of the vehicle had caused distress pain and agony to the claimants. Hence, sought for compensation of Rs.50 lakhs together with interest.