LAWS(KAR)-2021-6-247

LAXMI Vs. JAYANTI RAVISHANKAR

Decided On June 21, 2021
LAXMI Appellant
V/S
Jayanti Ravishankar Respondents

JUDGEMENT

(1.) This appeal under Section 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 dated 18.09.2019 in MVC. 107/2018 passed by the Prl. Small Causes and Senior Civil Judge, Motor Accident Claims Tribunal at Mysuru.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 06.12.2017, at about 6.30 p.m., when Ningappa @ Ningashetty was crossing the road by walk near Eshwara Temle, Jayalakshmipuram, at that time, a car bearing registration No.KA-09-P7351, driven by its driver in a rash and negligent manner dashed against Ningappa @ Ningashetty and caused the accident. 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 Section 166 of the Act claiming compensation on the ground that the deceased was aged about 50 years at the time of accident and as a mason was earning a sum of Rs. 15,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the car by its driver. The claimants claimed compensation to the tune of Rs.39,00,000/- along with interest.