MADHU PRIYA Vs. BALAJI STONE CRUSHER

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. 6/12/2019 passed by the XIX Additional Judge & Member, MACT, Court of Small Causes, Bengaluru in MVC No.4617/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 3/7/2018 at about 05.00 p.m., the deceased-Ravindra Kumar was proceedings towards Malur from Bangarpet as a pillion rider on a TVS Jupiter Scooter, ridden by one Munikrishna slowly and cautiously by observing all the traffic rules and regulations, when they reached near Rampura Gate, on Bangarpet-Tekal-Malur road, the driver of the tipper lorry bearing Registration No.KA-53-D-3488 came from opposite side with high speed and in a rash and negligent manner, dashed against the Tata Ace and in turn TVS Jupiter Scooter and dragged both Tata Ace and Scooter for a distance of ten feet. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

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