HANUMANTHI Vs. SHAMID SAB

JUDGEMENT

(1.) This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988 (for short 'M.V. Act'), praying for enhancement of compensation not being satisfied with the compensation awarded under judgment and award dated 07.06.2018 in MVC No.392/2016 on the file of Principal District and Sessions Judge and Motor Accident Claims Tribunal, Raichur (for short 'the Tribunal').

(2.) The claimant-mother of the deceased filed a claim petition before the Tribunal under Section 166 of the M.V. Act seeking compensation for the death of her son Mounesh in a motor vehicle accident. It is stated that on 26.03.2016, when Mounesh was returning from work as pillion rider on motorcycle bearing No.KA-36/ED-7043, the rider of the motorbike was riding the same slowly and cautiously and when they reached Jawalagera PWD Camp, a car bearing No.KA36/N-1953 came from the opposite direction in a rash and negligent manner and dashed to the motorcycle, due to which the deceased sustained grievous injuries and succumbed to the injuries. It is stated that he was aged 20 years as on the date of accident and was earning Rs.20,000/- per month.

(3.) On service of notice, respondent Nos.1 to 3 appeared. Respondent Nos.1 and 2 in their written statement denied the claim petition averments and also occurrence of the accident. Further, it is denied that the accident had occurred due to rash and negligent driving of the Car. Further, it was contended that the Car was insured with respondent No.3 and if at all the claimant is entitled for compensation, the respondent No.3 is liable to pay the same.