ASHA H.N. Vs. NINGARAJU

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment and award dtd. 9/5/2019 passed by the Motor Accident Claims Tribunal, Bengaluru in MVC 2085/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 15/3/2018, when the deceased Nagesha was riding motorcycle bearing registration No.KA-13-Q-3621 on NH-75, Hassan to Bengaluru service road, near public toilet, Hirisae town, Channarayapatna, at that time, a swift car bearing registration No.KA-13B-934 which was being driven in a rash and negligent manner, dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

(3.) The claimants filed a petition under Sec. 166 of the Act seeking compensation for the death of the deceased along with interest.