SIDDAMMA Vs. PUTTARAJU

JUDGEMENT

(1.) This appeal is filed under Sec. -173(1) of the Motor Vehicles Act 1988, (hereinafter referred to as 'MV Act 'for brevity) by the appellants-claimants, challenging the judgment and award dtd. 15/3/2018, passed in MVC No.342/2017, on the file of Senior Civil Judge & J.M.F.C, Gundlupet, (hereinafter referred to as 'the Tribunal' for brevity) seeking enhancement. Brief facts:

(2.) That on 13/3/2017 at about 2.30 p.m. the deceased Siddashetty and petitioner No.1 were going in Motor Cycle bearing No.KA-10-R-5622 from Kallahalli to Terakanambi. Near the Baratally gate, the driver of TATA magic Maxi cab driver bearing No. KA-11-A-3373 driven in rash and negligent manner came from Terakanambi side dashed to the Siddashetty motor cycle and caused the accident. Due to the accident the Siddashetty sustained injuries to his head and other parts of the body, on the way to the hospital the Siddashetty died. The Siddashetty died due to the rash and negligent driving by the TATA Magic cab driver.

(3.) Hence, a claim petition was filed by the appellants-claimants under Sec. -166 of the M.V. Act, claiming compensation. The deceased was hale and healthy. Prior to the accident he was earning Rs.16,000.00 per month. The appellants who are the parents were depending upon the earning of the deceased. The Tribunal on appreciating the materials on record, allowed the petition in part, and awarded a compensation of Rs.8,62,000.00, along with interest at 6% per annum from the date of petition till realization. The Tribunal held respondent No.3 is liable to pay the compensation and respondent No.3 shall deposit the compensation amount.