LAWS(KAR)-2021-6-117

V. ROOPA Vs. RAMAKRISHNA N.

Decided On June 29, 2021
V. Roopa Appellant
V/S
Ramakrishna N. Respondents

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) is filed by the claimants against the judgment dated 31.12.2019 in MVC.No.953/2017 passed by the Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal-III, Chitradurga (hereinafter referred to as 'the Tribunal' for short).

(2.) Facts giving rise to the filing of this appeal briefly stated are that, on 23.02.2017, when H V Nagalingappa was proceeding on his motorcycle towards Hampayyanahamalige village, at that time, a lorry driven by its driver came from Chitradurga in a rash and negligent manner and dashed against the motorcycle. As a result of the said accident, H.V.Nagalingappa sustained grievous injuries and succumbed to the same.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 40 years at the time of accident and was an agriculturist and was earning Rs.25,000/- per month. It was further pleaded that the accident took place solely on account of rash and negligent driving of the lorry by its driver. The claimants claimed compensation to the tune of Rs.40,00,000/- along with interest.