NATIONAL INSURANCE COMPANY LIMITED Vs. MUSHEERA KHATOON

JUDGEMENT

(1.) This appeal is filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 (for short 'M.V. Act') against the judgment and award dated 18.02.2017 passed in MVC No.562/2012 on the file of II Addl. Senior Civil Judge and MACT, Kalaburagi (for short 'the Tribunal').

(2.) Facts leading upto filing of the present appeal briefly stated are that, on 19.09.2011 at about 3.30 a.m., deceased Abdul Azeez Girani was traveling in car bearing Reg. No.KA-28/M-6643 and when he reached near Kallur village on Shahapur-Jewargi main road, a truck bearing Reg. No.KA-32/B-1869 driven by its driver in a rash and negligent manner dashed the car of the deceased, as a result of which deceased sustained fatal injuries and succumbed to the same on the spot.

(3.) Thereupon, the claimants being wife and children of the deceased filed petition under Section 166 of the M.V. Act, seeking compensation contending inter alia that the deceased was aged about 40 years at the time of accident and was earning Rs.50,000/- per month from his business of transport and also as Class-I labour contractor. That, the death of the deceased was caused due to the rash and negligent driving of the driver of the offending vehicle and claimants have been put to great hardship and misery on account of untimely death of the deceased. Hence, sought for compensation.