NIKHIL R Vs. S R PARTHASARATHY AND OTHERS

JUDGEMENT

(1.) Appellant is the owner of the vehicle. Being aggrieved by the judgment and award dated 30-11-2015 passed in MVC No.1020/2015 on the file of the III Additional Senior Civil Judge, Court of Small Causes, and Member, MACT, Bengaluru, (hereinafter referred to as 'the Tribunal' for short), fastening the liability on him to compensate the claimants, has preferred this appeal.

(2.) Claimants/Respondent Nos. 1 to 3 herein have filed the claim petition contending that on 18-10-2014 at about 1.30 p.m. deceased Sri. R. Shantharam, brother of the claimants while crossing the road near Shrusti Hospital, Kanakapura Main Road, the rider of the motorcycle bearing Registration No. KA.05.JB. 6841 rode the same in a rash and negligent manner and dashed against him. Due to which, Shantharam fell down and sustained injuries. Immediately after the accident, he was shifted to Shrusti Hospital and thereafter, he was shifted to NIMHANS. However, during the course of the treatment he died after three days. Therefore, the brothers of the deceased filed a claim petition seeking compensation contending that due to rash and negligent driving of the motor cycle by its rider, the accident had occurred. Prior to the accident, deceased was running a provisional store in the name and style as 'Subramneshwara Provision Stores' and earning Rs.20,000/- per month and at the time of the accident he was aged about 49 years. In view of the death of the deceased, the family has lost their bread earner and therefore, sought for compensation of Rs.10,00,000/-.

(3.) The contesting respondent Nos.1 and 2 entered appearance and filed the written statement.