POORNIMA Vs. M. CHANDRASHEKAR

JUDGEMENT

(1.) This appeal under Sec. 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 dtd. 28/7/2018 passed by the Senior Civil Judge & MACT, Tirumakudalu Narasipura in MVC No. 407/2016

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 12/1/2015, the deceased Suresh who was traveling in a car bearing registration No. KA-55-M-3474 along with his inmates which was driven by its driver Shreyas dashed against the lorry bearing Registration No. TN-34-B-4204, which was parked in the middle of the road without any sign and signal. As a result of the aforesaid accident, Suresh sustained grievous injuries and succumbed to the same.

(3.) The claimants thereupon filed a petition under Sec. 163A of the Act claiming compensation on the ground that the deceased was aged about 45 years at the time of accident and was an agriculturist and earning a sum of Rs.40,000.00 per month. It was further pleaded that accident took place solely on account of negligence on the part of the driver of the lorry who had parked the said lorry in the middle of the road without any sign and signal. The claimants claimed compensation to the tune of Rs.16,00,000.00 along with interest.