RAZIYABI Vs. MOHAMMED AKHIB

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 claimant seeking enhancement of the amount of compensation, against the judgment dated 24.07.2017 in MVC.365/2017 passed by the VI Additional District and Sessions Judge and Additional, Motor Accident Claims Tribunal, Shivamogga Sitting at Sagar (hereinafter referred to as 'the MACT' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 1.10.2016, when Najrulla at about 3.45 p.m. when he was proceeding on his motor cycle to Shivmogga from his house and at about 4.30 p.m. at that time, the 1st respondent drove the bus in a rash and negligent manner from opposite side and dashed against Najrulla. As a result, he sustained grievous injuries and succumbed at the spot.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 42 years at the time of accident and was an agriculturist and driver by avocation and was earning Rs. 25,000/- p.m. It was further pleaded that accident took place solely on account of rash and negligent driving of the bus by its driver. The claimants claimed compensation to the tune of Rs.60,75,000/- along with interest.