LAWS(KAR)-2017-3-149

AYESHA SULTANA Vs. S. MAGESHWARI

Decided On March 01, 2017
Ayesha Sultana Appellant
V/S
S. Mageshwari Respondents

JUDGEMENT

(1.) The appellants are the claimants, being not satisfied with the quantum of compensation awarded in the judgment and award dated 18.04.2012 passed in MVC No.630/2008 by the Motor Accident Claims Tribunal-10, Tumkur (for short 'Tribunal'), filed this appeal seeking enhancement of compensation.

(2.) The appellants are the wife, children and mother of the deceased, Nisar Ahmed. In the claim petition, it was contended that on 27.12007 at about 10 am, while Nisar Ahmed was proceeding in a car bearing registration No.KA-25/N-0272 from Chitradurga to Tumkur, near Raja Tiles Factory, on N.H-4 near Oorukere, driver of the lorry bearing registration No.KA-01 B-9445 drove the same in a rash and negligent manner in high speed and dashed against the car and caused the accident. Die to that, Nisar Ahmed sustained grievous injuries and succumbed to the same. It was further contended that at the time of death the deceased was aged about 37 years and was doing business and earning Rs. 14.000/-per month. In view of the death of Nisar Ahmed, his family has sought for compensation of Rs. 25,00,000/-.

(3.) The insurance company defended the case by filing written statement.