SUMA G. Vs. MOHAN

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 appellants against the judgment dtd. 16/6/2020 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 22/11/2018 at about 6.15 p.m., deceased Ranganath was riding his moped bearing registration No.KA- KA-41 EB-4607 on the extreme left side of Soluru-Kuduru road. When he reached near Gaddigemata Cross, Ombathanekunte village, at that time, a Tata Indica car bearing registration No.KA-07 M-2024 which was being driven by its driver in a rash and negligent manner, dashed against the moped of the deceased as well against a Maruti 800 car. The deceased thereupon fell down and eventually succumbed to the injuries.

(3.) The claimants thereupon filed a petition under Sec. 166 of the Act claiming compensation on the ground that the accident took place solely on account of rash and negligent driving of the driver of the Tata Indica car. It was further pleaded that the deceased was aged about 38 years at the time of accident and was employed as a driver and used to earn Rs.20,000.00 p.m. The claimants claimed compensation to the extent of Rs.50,00,000.00 along with interest.