AMEENA @ AMMENAMMA Vs. KSRTC, MANGALORE DIVISION

JUDGEMENT

(1.) The present appeal has been preferred by the appellants/claimants assailing the judgment and award passed by the I Additional District Judge & II Additional MACT, Mangalore (DK) in M.V.C.No.1111/2013 dated 08.09.2015.

(2.) Heard the learned counsel appearing for the parties. The appeal is admitted and with the consent of the learned counsel appearing for the parties, it is taken up for final disposal.

(3.) Brief facts of the case are that: On 24.05.2013 at about 5.45 p.m., when deceased Mohammad and Karunakara were proceeding on a motor cycle bearing registration No.KA.21/H.9907 from Kumbra towards Tingaladi and when the said motor cycle came in front of Tingladi Mosque, Kumbaradi village, at that time, a KSRTC bus bearing registration No.KA.19/F.2183 came from behind and dashed to the motor cycle on which the said persons were proceeding and as a result of the same, they fell down and sustained injuries. Immediately, they were shifted to Adarsha Hospital, Puttur and from there they were shifted to Mangalore Hospital. Due to the said impact, they succumbed to the injuries. It is the contention of the learned counsel for the appellant that the deceased was doing scrap business and was earning a sum of Rs.15,000/- per month. In view of the death of deceased - Mohammed, the family has lost the bread earner. Hence, the claimants have filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.30,00,000/-.