NEW INDIA ASSURANCE CO. LTD. Vs. SANGITHA

JUDGEMENT

(1.) These appeals are filed against the judgment and award dated 09.04.2019 passed in MVC Nos.261/2017 by the Motor Accident Claims Tribunal-IV, Dakshina Kannada, Mangaluru.

(2.) Facts leading to filing of this appeal briefly stated are that on 24.12.2016 at about 9.30 a.m. Naresh Kumar was proceeding on his motorcycle from Kottarachowki towards Lady hill and when he reached opposite to Saraswathi Mahaganapathi Temple, the driver of the goods tempo vehicle came in a rash and negligent manner and dashed against the motorcycle of Naresh Kumar and due to which Naresh Kumar fell down and sustained grievous injuries and succumbed to the same.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 38 years at the time of accident and was a carpenter by avocation and was earning a sum of Rs.40,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving by the driver of the goods vehicle. The claimants claimed compensation to the tune of Rs.30,00,000/- along with interest.