USHA MADHUKAR Vs. MGM TRANSPORT MADRAS PRIVATE LTD.

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 02.06.2018 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 20.01.2015 at 12.30 p.m. deceased Pavan Madhukar was traveling on his motor cycle bearing registration No.KA-01 EL-2536 on Bannerghatta Main Road near BPL lorry stop. At that time, a concrete mixer lorry bearing registration No.KA-01 AE-0510 which was being driven by its driver in a rash and negligent manner and in a high speed, dashed against the motor cycle of the deceased from behind. As a result of the aforesaid accident, 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 accident took place solely on account of rash and negligent driving of the driver of the concrete mixer lorry. It was further pleaded that the deceased was aged about 20 years at the time of accident and was employed as a Software Engineer and after serving in Mind Tree, he had started his own company. Accordingly, compensation to the tune of Rs.10,00,00,00/- along with interest was sought.