MALU Vs. RAMAGOUDA

JUDGEMENT

(1.) This appeal is filed by the claimants against the Judgment and award dtd. 19/12/2017 passed in MVC No.213/2017 by the I Additional District and Sessions Judge, Belagavi, (for short 'the tribunal') seeking enhancement of the compensation amount awarded by tribunal.

(2.) Brief facts giving rise to this appeal are that, the appellants have filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 seeking compensation for the death of Badaku Gundu Nakadi in a road accident, dtd. 1/1/2017. It is averred that, on 1/1/2017 deceased was proceeding from Peeranwadi towards Karle village, Belagavi on motorcycle bearing registration No.KA- 23/EC-3171 at about 9.00 p.m. The driver of the Tempo Trax Toofan bearing registration No.KA-23/N-4372 came in high speed, rash and negligent manner and dashed to the motorcycle and caused the accident. In the said accident, Badaku Nakadi has succumbed to the injuries and they have incurred huge medical expenses. It is further averred that, all the appellants are the dependents on the income of the deceased and the deceased was earning Rs.40,000.00 per month from his salary as he was driver of the Tractor and the respondent No.1 and 2 are liable to pay the compensation for the death of the Sri. Badaku Nakadi.

(3.) The respondent No.1 filed objections denying the averments made in the claim petition. They have denied the date of accident, age and income of the deceased. It is averred that, the vehicle of the respondent No.1 was insured with the respondent No.2 and the policy was in force, the driver had a valid and effective driving licence. The respondent No.2 has filed objections denying the income, age, dependency of the deceased and averred that, the accident has caused due to rash and negligent driving of the motorcycle by the rider i.e. deceased himself and sought for dismissal of the petition.