USHA REDDY Vs. M. SREERAMULU

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act challenging the judgment and award dated 22.06.2018 passed in M.V.C. No. 531/2016 by the learned I Addl. Senior Civil Judge & Member, MACT-V, Ballari (hereinafter referred to as the Tribunal ).

(2.) Though the appeal is listed for admission, with consent of both parties, it is taken up for disposal. For the sake of convenience, the parties shall be referred to as per their ranking before the Tribunal.

(3.) Brief facts as stated, that on 05.04.2016, G. Satish Kumar was proceeding from Bangalore to Ballari along with his friend A.K.Madvaraj in car bearing reg. no. KA-34-N-3686. At about 2.30 a.m. when they were near B.S.N.L. tower, Hanagal village, on N.H.150A, the driver of the car was driving it in rash and negligent manner and lost control over the vehicle and dashed against another vehicle bearing no.AP-21-X-4710. Satishkumar, Madvaraj as well as the driver sustained severe head injuries and died on the spot. As on date of death, Satishkumar was 38 years of age, working as Accountant in Krishna Construction Co., earning monthly salary of Rs. 15,000/-. Alleging loss of dependency on account of his untimely death, his wife, minor child and parents filed claim petition u/S 166 of M.V. Act against owner and insurer of the car.