JAYALAKSHMI Vs. GANGADHAR H KLABIC

JUDGEMENT

(1.) The claimants in MVC No.564/2016 have filed this appeal, seeking enhancement of compensation by not being satisfied with the judgment and award dated 28.02.2018 passed by the Motor Vehicle Claims Tribunal, XII at Ballari (hereinafter called as 'the Tribunal' for the sake of brevity).

(2.) For the sake of convenience, the parties shall be referred to, in terms of their status before the Tribunal.

(3.) The Appellants-claimants filed the claim petition under Section 166 of the M.V. Act (hereinafter called as 'the Act') seeking compensation on account of death of one B.Onkar swamy, first claimant's husband and father of claimant Nos.2 to 4, in a road traffic accident that occurred on 13.05.2016. According to the claimants, on 13.05.2016 at about 7.45. a.m., B.Onkar Swamy and K.Mohan were walking on the side of the road near corporation parking area, Stadium Road, Nallacheruvu, Ballari. According to the claimants, the first respondent being the driver of the autorickshaw bearing No.KA.34/A-1900 drove the same in a rash and negligent manner with a high speed and dashed against B. Onkar Swamy from behind. As a result of the impact, he fell down on the road and sustained grievous head injuries. He was shifted to VIMS hospital, Ballari. But on the same day at 10.55 p.m. he succumbed to the said injuries. Post-mortem was conducted on the dead body of the deceased. The claimants contended that they had lost the bread earner in the family and filed the claim petition under Section 166 of the Act seeking compensation on various heads.