ZAREEN BEGA Vs. NEW INDIA ASSURANCE CO LIMITED

JUDGEMENT

(1.) THE appellant is the mother of the deceased and she has preferred this appeal under section 173 of the motor Vehicles Act, 1988 (for short, 'the act') calling in question the correctness and legality of the judgment and award dated 13. 12. 2000 in M. V. C. No. 3064 of 1996 on the file of the Motor Accidents claims Tribunal and Additional Judge, court of Small Causes, Bangalore City (SCCH-5), for short 'the M. A. C. T'.

(2.) THE facts of the case in brief are as follows: On 24. 6. 1993 the deceased Naseer khan by name, was driving lorry bearing registration No. CAA 6286 along with yosuffa Pasha, the cleaner, on Bangalore-Pune National Highway. At about 11. 30 p. m. , when the said vehicle was moving 9 km. away from Ranebennur, lorry bearing the registration No. MH 17-6731 came from the opposite direction in a most rash and negligent manner and dashed against the lorry driven by the deceased and as a result Naseer Khan sustained grievous injuries and ultimately succumbed to those injuries on 25. 6. 1993. Appellant-claimant claiming that the deceased was earning monthly salary of Rs. 3,000 and was aged 24 years, claimed total compensation of rs. 30,00,000 on various heads.

(3.) ALTHOUGH the respondents, namely, the owner of the motor vehicle involved in the accident and the insurance company though served with notice, did not choose to contest the claim petition by filing any counter-statement, though the insurance company had put in appearance through its counsel.