SHIVAYYA S/O KARABASAYYA Vs. MD. IRSHAD HUSSAIN

JUDGEMENT

(1.) This appeal is filed by the claimants under Sec. 173(1) of the Motor Vehicles Act, 1988 ('MV Act' for short) challenging the judgment and award dtd. 21/7/2018 passed by the Senior Civil Judge and MACT-II, Yadgir ('Tribunal' for short) in MVC No.98/2017, seeking enhancement.

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

(3.) The brief facts leading to the case are that, on 4/1/2017 the deceased Neela was proceeding from her residence towards Hotel on her Honda Activa Moped bearing Registration No. KA.33/R.3665 on Yadgir-Hyderabad Main Road and at about 8.45 a.m., when she reached Mailarlingeshwar Rice Mill, Gunj Area, the driver of lorry bearing Registration No.KA.36/4876 drove the same in rash and negligent manner as well as in high speed and dashed against the Honda Activa Moped of the deceased. As result, the deceased suffered fatal injuries and succumbed on the spot. Hence, the claimants being the husband, minor children and mother of the deceased have filed claim petition before the Tribunal claiming compensation of Rs.52.00 Lakhs.