RAMAR M. Vs. ANURADHA B.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants against the judgment dated 12.04.2019 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Claims tribunal' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that the deceased viz., R.Rajesh was proceeding on a motor cycle bearing registration No.KA53-EG-1187 at about 5.45 p.m. on 22.04.2018 along with pillion rider from Tumkur to Hennur via Nagawara Flyover, Hebbala Nagawara ring road, Bengaluru. At that time, a car bearing registration No.KA-01-MJ-0304 which was being driven by its driver in a rash and negligent manner came from the left side of the road and applied sudden brake. It is the case of the claimants that in the aforesaid accident, deceased R.Rajesh sustained grievous injuries and was shifted to hospital. However, he succumbed to the injuries.

(3.) The claimants thereupon filed a petition under Section 166 of the Act inter alia on the ground that the accident took place solely on account of rash and negligent driving of the driver of the offending car. It was further pleaded that the deceased at the time of accident was aged about 22 years and was working as a delivery boy in Swiggy Food and was earning a sum of Rs.20,000/- per month. Thereupon, compensation along with interest was claimed.