SRIKANTH Vs. SHIVANAGOUDA

JUDGEMENT

(1.) This appeal filed by the claimants under Section 173 (1) of the Motor Vehicles Act, (for brevity "the Act") against the Judgment and Award dated 20.09.2016, passed in MVC No.261/2014, on the file of the Prl. Senior Civil Judge and AMACT, Haveri (for brevity "the Tribunal").

(2.) The facts leading upto filing of the present appeal briefly stated are that on 14.01.2013 at about 4.00 p.m., the deceased-Jayalaxmi along with her husband-respondent No.1 were travelling on a motorcycle bearing registration No.KA- 27/X-3706 on Hubballi-Haveri NH-4 road being ridden by respondent No.1. When they came near Haveri bypass cross, respondent No.1 drove the said motorcycle in a rash and negligent manner and while crossing the hump, the footwear of deceased Jayalaxmi stuck in the rear wheel of the motorcycle resulting in the deceased falling down from the bike and sustaining fatal injuries. Immediately, she was admitted to the District Hospital, Haveri, and after 16 days of the accident, she died during treatment on 30.01.2013.

(3.) Thereupon, the claimants 2 and 3 being the minor children of deceased Jayalaxmi represented by their uncle who is also arrayed as claimant No.1 filed a claim petition u/s 166 of the Act seeking compensation in a sum of Rs.25,00,000/- together with interest from the date of accident till the date of realization contending inter alia, that the deceased Jayalaxmi who was aged about 35 years and hale and healthy, was earning Rs.10,000/- per month by way of tailoring work and was looking after her children and was supporting the family. That the untimely death of the deceased on account of the rash and negligent driving of the motorcycle by respondent No.1, has caused emotional and financial distress to the claimants. Hence, they sought for compensation.