TASLEEM Vs. MURALI S

JUDGEMENT

(1.) THIS appeal is filed by the claimants of M.V.C.No.1020/2009 against the judgment and award dated 22nd December 2010 passed by the XIX Addl.SCJ & M.A.C.T., Bangalore, (hereinafter referred to as the Tribunal ).

(2.) APPELLANTS are wife and minor children of deceased Hyder Sherief, who died in a vehicular accident that occurred on 11.10.2008. On his accidental death, the appellants along with the father of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act before the Tribunal.

(3.) THEIR case was that, on 11.10.2008 at about 7.15 p.m., the deceased Hyder Sherief was crossing Doddaballapur -Bangalore road near Medicine Factory Circle, Kasaba Hobli, Doddaballapura Taluk. At that time, car bearing registration No.KA -05/D -1307 came from Doddaballapura side at a high speed in a rash and negligent manner and dashed against the deceased, causing fatal injuries. Immediately he was shifted to Government Hospital, Doddaballapur; from there, he was shifted to NIMHANS Hospital. He died while on treatment on 15.10.2008. At the time of his death, he was aged 40 years, hale and healthy and was working as driver -cum -owner of lorry; he was earning Rs.15,000/ - per month and was contributing his entire income for the maintenance and welfare of his family. On his sudden death, the appellants are not only put to great financial loss, but also loss of love and affection and loss of dependency. The first appellant at her young age is driven to widowhood. Hence, they claimed compensation of Rs.25 lakhs.