BRANCH MANAGER Vs. SHEVANTABAI

JUDGEMENT

(1.) This appeal is filed by the petitioners under Sec. 173(1) of the Motor Vehicles Act (for short 'the Act') challenging the judgment and award dtd. 28/4/2018 passed by the Principal Senior Civil Judge and CJM and Member, Motor Accident Claims Tribunal-V, Vijayapura (for short hereinafter referred to as 'the Tribunal') in MVC No. 498/2016.

(2.) Parties are referred to as per their ranking before the Tribunal. Appellant is the respondent No.2; respondent Nos.1 and 2 are the petitioner Nos.1 and 2; respondent No.3 is the respondent No.1. before the Tribunal.

(3.) Facts giving rise to filing of this appeal are that on 14/8/2015 the deceased Kiran was riding the motorcycle bearing reg. No.MH-13/C-1468 in a slow and cautious manner, at that time, the driver of the Tempo bearing registration No.MH-13/R-4765 came in a high speed, rash and negligent manner and unable to control the vehicle and dashed to said motorcycle and caused accident. As a result, deceased Kiran sustained injuries and succumbed to the injuries. The petitioners being the legal representatives of the deceased-Kiran filed claim petition under Sec. 166 of the Act seeking compensation for the death in the road traffic accident.