VINOD BABU M. Vs. HASANABBA SHEIKH

JUDGEMENT

(1.) This appeal is filed under Sec. -173(1) of the Motor Vehicles Act 1988 (hereinafter referred to as 'MV Act' for brevity) by the appellants-claimants, calling in question the judgment and award dtd. 19/3/2015, in M.V.C.No.884/2009, on the file of the Principal District Judge And Motor Accident Claims Tribunal, Dakshina Kannada, Mangaluru (hereinafter referred to as 'the Tribunal' for brevity) passed on the application filed under Sec. -152 of CPC on the context of amendment of the judgment. Brief facts:

(2.) On 26/5/2009 at about 6.00 p.m., the deceased Vishal Babu was proceeding with one Mr.Jagadhish i.e., respondent No.3 as a pillion rider in Motor cycle bearing registration No.KA-19-W-5474 from K.P.T., side towards Panamboor side. When they reached K.I.O.C.L (Kudremukh) Junction, on Udupi-Mangaluru road, a bus bearing registration No.KA-20-B-1978, driven by respondent No.1 with high speed and in rash and negligent manner, took sudden diversion to Mangaluru- Udupi one way road, in violation of traffic rules and regulation and hit the motorcycle in which the deceased was travelling. As a result of the accident, the deceased who was riding as a Pillion rider fell on the road and sustained grievous injuries all over the body and thereafter succumbed to the injuries.

(3.) Hence, a claim petition was filed under Sec. - 166 of the M.V. Act, by the legal heirs i.e., the mother and the elder brother of the deceased, claiming compensation for the deceased. The Tribunal on appreciating the materials on record, allowed the claim petition in part, and awarded a compensation of Rs.9,34,000.00, along with interest at 6% per annum from the date of petition till the date of realisation. The Tribunal held respondent No.2 therein, liable to pay the compensation.