VIDYA Vs. RASHMI V. ARADHYA

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment and award dtd. 6/1/2021 passed by the IV Additional District and Sessions Judge and Member, MACT-XIII, Vijayapura in MVC No.86/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 11/7/2017 at about 01.30 p.m. on Solapur road, Vijayapur near SP Office, the deceased Siddeshwar Kulkarni was proceeding on his moto cycle bearing Registration No.KA-28/R-3819 from Vijay College towards water tank by riding it in a moderate speed on the extreme left side of the road, the deceased was near SP office, at that time, the driver/owner of the Car bearing Registration No.KA-28/P-4569 came from back side in a rash and negligent manner and dashed to the motorcycle. As a result of the aforesaid accident, the deceased sustained grievous injuries. Immediately after the accident, he was admitted to BLDEA Hospital, Vijaypur and took treatment for three days and thereafter shifted to WINS Hospital, Kolhapur for higher treatment. Thereafter, the deceased succumbed to the injuries on 4/8/2017.

(3.) The claimants filed a petition under Sec. 166 of the Act seeking compensation for the death of the deceased along with interest.