MAHADEVI Vs. SURESH G DHARWAD

JUDGEMENT

(1.) The appeal u/s 173(1) of the Motor Vehicles Act, (hereinafter it is referred to as the Act ) filed by the claimants against the Judgment & Award dated 31.12.2013, passed in MVC No.631/2007 on the file of the III-Addl. Senior Civil Judge & Addl. MACT, Dharwad (hereinafter it is referred to as the tribunal ).

(2.) The facts leading upto filing of the present appeal briefly stated are that on 11.09.2007 at about 11:30 p.m. while the deceased Gurusidhayya Matapati was riding a motorcycle bearing registration No.KA-25/L-8120 near U.B. Hills, Opposite Shrishail Sadan on Head Post Office Road, Dharwad, a rider of a motorcycle bearing registration No.KA-27/Q-2640 came in a rash & negligent manner and dashed against the motorcycle of the deceased, in which the deceased sustained grievous injuries. Thereafter, the deceased was admitted to Civil Hospital, Dharwad and later he was admitted to Shivakrupa Hosptial, Hubballi, wherein he died during the course of treatment.

(3.) Thereupon the claimants being the wife and children of the deceased filed a claim petition u/s 166 of the M.V. Act contending inter alia that the deceased was aged about 38 years at the time of accident, was working as Assistant Librarian in Karnataka University and was getting salary of Rs.22,203/- per month and that untimely death of the deceased in the aforesaid accident which occurred solely on account of the rash and negligent riding of the motorcycle by the rider has caused emotional and financial distress to the claimants. Hence, sought for compensation.