HAVEELANAND SALINS Vs. MOHAMMED SALEEM

JUDGEMENT

(1.) Challenging judgment and award dtd. 9/10/2018 passed by Prl. Senior Civil Judge & Addl. MACT, Udupi, this appeal is filed by claimant seeking enhancement of compensation.

(2.) Brief facts as stated are that in an accident that occurred on 11/3/2017, Sri. Roilet Veeraj died when bus bearing registration No.KA-20AA-9909 collided against his motorcycle bearing registration No.GA-05H-9731. Claiming compensation on account of his untimely death, his parents filed claim petition against owner and insurer of bus under Sec. 166 of the M.V. Act, 1988.

(3.) The claim petition was contested. Tribunal framed issues, recorded evidence and on appreciation of material on record, held that accident occurred due to rash and negligent driving of driver of bus. It further held that driver had valid and effective driving licence at the time of accident and as bus was insured with respondent no.2, it was liable to pay compensation. It determined age of deceased as 22 years, occupation as MBA student and taking his notional monthly income at Rs.10,000.00, adding 40% towards future prospects, awarded total compensation of Rs.15,42,000.00 against insurer of bus. Not satisfied with compensation, claimants are in appeal.