SOWMYA Vs. ESHWARAIAH

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 claimants being aggrieved by the judgment dtd. 28/11/2017 passed by the Motor Accident Claims Tribunal, Turuvekere in MVC No. 1400/2014.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 21/6/2014 at 7.00 p.m. the deceased Gangadhar @ Manjunath was proceeding on motorcycle bearing registration No. KA-06/S-5145 from Turuvekere towards Dabbeghatta near Sulekere. At that time, a tractor bearing registration No. KA-44/T-6656 which was being driven in a rash and negligent manner, came from the opposite direction came to the extreme right side of the road and dashed against the motorcycle. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries on 22/6/2014.

(3.) The claimants filed a petition under Sec. 166 of the Act seeking compensation for the death of the deceased along with interest.