RAMLATH Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimant seeking enhancement of the amount of compensation, against the judgment dated 18.09.2017 in MVC. 297/2016 passed by the VI Additional District & Sessions Judge and Motor Accident Claims Tribunal, Dakshina Kannada, Mangaluru. (hereinafter referred to as 'the Tribunal' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 24.10.2015, Abdul Rahiman was proceeding on his motor cycle from Mangaluru towards Thokkottu side by observing the rules and regulations. At that time, an autorickshaw driven by its driver with high speed, in a rash and negligent manner, came from the hind side and dashed against the motor cycle. As a result of the aforesaid accident, Abdul Rahiman 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 38 years at the time of accident and was engaged in commercial accounts service and was earning Rs.3,00,000/- per annum. It was further pleaded that accident took place solely on account of rash and negligent driving of the auto by its driver. The claimants claimed compensation to the tune of Rs.50,00,000/- along with interest.