DEEPIKA Vs. SANTOSH

JUDGEMENT

(1.) CLAIMANTS in MVC No.73/2009 on the file of the Civil Judge (Sr. Dn.,) and Addl. Motor Accident Claims Tribunal, Bhalki, being dissatisfied with the quantum of compensation, by the judgment and award dated 03.06.2011, have presented this appeal.

(2.) THE widow, minor son and parents of one Ravi Kumar Mehtre filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, for compensation due to the death of Ravikumar, aged 35 years, in the motor vehicle accident that took place on 27.04.2009 at about 2:30 p.m. on Latur -Bidar Road, while travelling as an occupant in the Car bearing Certificate of Registration No.KA -39/M/1022, driven at a high speed and in a rash and negligent manner by the first respondent - insured by the second respondent - insurer. Claimants asserted that the deceased was a Doctor, carrying on medical profession on obtaining a Degree in Bachelor of Ayurvedic Medical Sciences (BAMS) having a lucrative practice earning more than Rs..30,000/ - per month. The insured and the insurer arraigned as respondents 1 and 2 resisted the claim petition by filing statement of objections denying the assertions.

(3.) SINCE the appeal is directed against the quantum of compensation, it is not necessary to consider the finding on the issue over actionable negligence.