REKHA CHARISTABLE MABEN Vs. MUHAMMED KUNHI B.

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. 28/2/2019 passed by the Motor Accident Claims Tribunal and Principal Senior Civil Judge, Mangaluru, D.K. in MVC No.1583/2016.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 29/7/2016, the deceased Naveen Udaya Kumar was proceeding as a rider in a motorcycle from Kotekar Beeri side towards Thokkottur side. When he reached to a place called near Adka Bhagavathi Bus Stop, Someshwar Village, Mangalore Taluk, a Innova Car bearing Registration No. KL/60- E- 0799, which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.

(3.) The claimants thereupon filed a petition under Sec. 166 of the Act claiming compensation on the ground that the deceased was aged about 52 years at the time of accident and was working as a Swimming Coach (Master) at Prestige School, Jappinamogaru, Mangaluru and at Jai Hind Swimming Club, Mangaluru and was earning a sum of Rs.24,000.00 per month. It was further pleaded that the accident took place solely on account of rash and negligent driving of the Innova car by its driver. The claimants claimed compensation to the tune of Rs.40,00,000.00 along with interest.