LAWS(KAR)-2021-1-235

GEETHA Vs. SANTHOSH N.

Decided On January 06, 2021
GEETHA Appellant
V/S
Santhosh N. Respondents

JUDGEMENT

(1.) This appeal under Sec. 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 dtd. 29/8/2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 8/5/2014, the deceased Sunilkumar was proceeding as a pillion rider on Hero Honda Splendor bearing registration No. KA-17/W-6419 belonging to respondent No. 1. When they reached near Inchara house, S.S. Hospital, Jayanagar, Davanagere City, the rider of the vehicle drove the same in a rash and negligent manner and dashed against the road side tree. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.

(3.) The claimant thereupon filed a petition under Sec. 166 of the Act claiming compensation on the ground that the deceased was aged about 20 years at the time of accident and was working as a private dance teacher and earning a sum of Rs.15,000.00 per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the driver of the aforesaid vehicle. The claimant claimed compensation to the tune of Rs.50,00,000.00 along with interest.