G. NAGARATHNA Vs. G. MANJUNATHA

JUDGEMENT

(1.) Challenging the judgment and award passed in MVC No.1483/2014 on the file of the Sr. Civil Judge and MACT, Arsikere, claimants have filed this appeal.

(2.) The appellants were the claimants and respondents were the respondents in MVC No.1483/2014 before the Tribunal. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the Tribunal.

(3.) The wife, son and parents of deceased Sri.S.N.Ravisha filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') seeking compensation of Rs.80,00,000.00 for the death of Sri.N.S.Ravisha in a road accident that occurred on 18/6/2014. It was contended that the deceased was driving Fiat Linea Car bearing registration No.KA-06 N-5997 from Mallasandra Village to Arasikere town along with his father, sister and her children. Near Mylanahalli gate, Arsikere, he drove the car in high speed, rash and negligent manner, without following the traffic rules, lost control over the car, as such the car toppled on the road and accident occurred. Ravisha sustained fatal injuries on his head and succumbed to the injuries. His dead body was shifted to Jayachamarajendra Government Hospital. Doctor conducted postmortem. It was also contended that Ravisha was a BBMP contractor with several ongoing projects in his hand, was earning Rs.3,00,000.00 p.m., was an income tax assessee and was the only earning member of the family. The Arasikere Rural police have registered the FIR in Crime No.149/2014 and on investigation, filed abated charge sheet against Sri.S.N.Ravisha for the offences punishable under Ss. 279, 337, 304-A of Indian Penal Code, 1860 (hereinafter referred to as 'the IPC'). They sought for grant of compensation.