ABDUL RAHAMAN SHARIFF Vs. S.M.DEVARAJ

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 dtd. 25/1/2012 passed by the Fast Track Court-I and Additional Motor Accident Claims Tribunal at Mysore in MVC No.722/2011.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 1/3/2011 at about 0.30 hours the deceased Nawaz Mohammed Shariff was proceeding on a motor bike bearing registration No.KA-55/J-3783 from Kavalande to Mysore. When they reached Golur Village, he stopped the motor bike to repair another motor bike. At that time, a lorry bearing registration No. KA-03/D-4883 which was being driven in a rash and negligent manner, dashed against the two motor bikes. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries at the spot.

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