LAWS(KAR)-2016-4-237

PUTTASWAMYGOWDA AND ANOTHER Vs. RAVI M AND ANOTHER

Decided On April 23, 2016
PUTTASWAMYGOWDA AND ANOTHER Appellant
V/S
RAVI M AND ANOTHER Respondents

JUDGEMENT

(1.) Being dissatisfied with the impugned judgment and award dated 29-7-2015, passed by the Prl. Senior Civil Judge and Addl. MACT, Hassan, on her file in MVC No. 659/2014, the claimants are in appeal.

(2.) Briefly stated, the claimants on the death of their daughter in a road traffic accident dated 27-12-2013, filed a claim petition under S. 166 of Motor Vehicles Act before the Tribunal against the owner and insurer of the offending vehicle/Tempo Traveller bearing registration No. KA-02-AB-2106. Their case was, the deceased-Manjula aged 24 years, while she was proceeding along with her brother as a pillion rider on Pulsar Motor Cycle bearing Registration No. KA-05-HG-5529 at about 8 p.m., near Gulsindha Village on Bypass Road, Channarayapattana, the Tempo Traveller came from opposite side in a rash and negligent manner and dashed against motor cycle, as a result, the deceased fell down and suffered grievous injuries and succumbed to the injuries at the spot. Criminal case was registered by the jurisdictional police against the driver of the Tempo Traveller. The deceased was working at Karle International, Bangalore and earning a sum of Rs. 15,000/- per month, at the relevant point of time. She was maintaining the family. Sri Harisha P., the son of the claimants was also victim of the same accident. He is their only son and his right hand is amputed because of the accidental injuries.

(3.) The claim was contested. The Tribunal on overall consideration of the material on record, allowed the petition in part awarding a compensation of Rs. 4,08,000/- with interest at 6% per annum from the date of petition till realization.