BHAGYASHREE Vs. CHANDPASHA

JUDGEMENT

(1.) This appeal is filed by the petitioners under Sec. 173(1) of Motor Vehicles Act, 1988 (' MV Act ' for short), challenging the judgment and award dtd. 3/4/2017 passed in MVC No.413/2015 by the II Addl. MACT & Addl. District and Sessions Judge, Bidar ('Tribunal' for short), seeking enhancement of compensation.

(2.) For the sake of convenience, parties herein are referred with the ranks occupied by them before the Tribunal.

(3.) The factual matrix leading to the case are that the respondent No.1 is the owner of jeep bearing registration No.KA.32/M-994 and respondent No.2 is insurer. That on 17/3/2015, the deceased Raju was proceeding to Bidar on his motorcycle bearing registration No.KA-39/H-3476 on the left side of the Bhalki-Bidar road. When he reached near Patil Farm House within the limits of Honnikeri village, at that time, the driver of the jeep bearing registration No.KA-32/M-994 drove it in rash and negligent manner endangering to human life and dashed against the motor cycle on which the deceased was traveling. Due to this impact, the deceased sustained fatal injuries and succumbed at the spot. It is claimed that, as on the date of accident, the deceased was aged about 35 years and working as Bolier Operator in Bhalkeshwar Sugar Factory at Bajolga, and was earning salary of Rs.15,000.00 per month. Due to untimely death of deceased, the petitioners who are minor children, widow and parents of the deceased, who were entirely depending on the deceased, have suffered untold hardship. Hence, they filed claim petition seeking compensation of Rs.14.80 Lakhs from the respondents.