INTIYAZ Vs. SYED KHAZA

JUDGEMENT

(1.) The present appeal is preferred by the claimants who are the husband and daughter of deceased Naseemunnisa, assailing the judgment and award dtd. 27/09/2018 in MVC.No.500/2015 on the file of the Principal Senior Civil Judge & MACT at Kolar, (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation, whereby the Tribunal has awarded compensation of Rs.70,000.00 with interest at 6% per annum from the date of petition till the date of realization.

(2.) The claimants filed claim petition under Sec. 163A of the Motor Vehicles Act, 1988 seeking compensation on account of death of Naseemunnisa, who succumbed to the injuries sustained in a road traffic accident that occurred on 28/06/2015 when the deceased was proceeding in a motorcycle bearing registration No.KA-07/S-5950 as a pillion rider, at that time, the rider of the motorcycle one Nayaz Pasha and when they reached Kurugal Gate, Kolar- Chikkaballapur Road, Nayaz Pasha rode the motorcycle in a rash and negligent manner jumped the road humps, due to which the deceased fell down and sustained grievous injuries and succumbed to the injuries.

(3.) It is the contention of the claimants that the deceased was working as a coolie making beedi and agarbathi and was earning Rs.10,000.00 per month and the claimants being the husband and daughter of the deceased, completely depending upon the income of the deceased and thus, sought for the compensation.