PREMAMMA Vs. B.KAYANI

JUDGEMENT

(1.) This is an appeal filed by the appellants/claimants under Sec. 173(1) of the Motor Vehicles Act, 1988 (' MV Act ' for short), challenging the quantum as well as liability in respect of the judgment and award dtd. 7/11/2016 passed by the Senior Civil Judge and JMFC, Kollegal in MVC No.468/2014.

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

(3.) The brief factual matrix leading to the case are that, the son of petitioner Nos.1 and 2 by name Jayaram was travelling on motorcycle along with his friend Manju as a pillion rider on Gundlupet-Ooty main road near St.John High School. The motor cycle bearing registration No.TN-38-BT-2426 came from opposite direction in a rash and negligent manner and dashed to the motor cycle on which the deceased was travelling. As a result, the deceased sustained head injuries and he was taken to Gundlupet Government hospital and thereafter to JSS hospital, Mysuru, wherein he succumbed on 20/11/2014 while undergoing treatment. The deceased was hale and healthy and was MA, BEd graduate and was about to get a Government job. It is also asserted that he was earning Rs.25,000.00p.m., Hence, they filed a claim petition claiming compensation of Rs.33,10,000.00from the respondents.