MANJULA Vs. CHANDRASHEKHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 02.03.2010 passed in MVC No.368 of 2007 by the Motor Accident Claims Tribunal, Byadgi (hereinafter referred to as 'the Tribunal' for the sake of brevity) aggrieved by the quantum of compensation awarded at Rs. 19,21,406/-.

(2.) The brief facts of the case are that on 18.03.2006 at 10.00 p.m., when the deceased Gangadhar Patil was proceeding on motor-cycle bearing registration No.KA-27/L-2078 as a pillion rider from Ranebennur busstand to Vinayaknagar to his relatives house, the rider of the motor-cycle drove the same in a rash and negligent manner and dashed to the oncoming bullock cart. As a result of the impact, he sustained fatal injuries and died on the spot. On account of his death, the claimants, who are his legal representatives, have sought for compensation of Rs. 35,00,000/- along with interest at the rate of 12% per annum from the respondents-being the owner and insurer of the motor-cycle-contending that the deceased was working as a Lecturer at East Point College of Engineering and Technology, Bengaluru, earning Rs. 16,762/- monthly salary and he was also taking tuitions, from which he was getting income of more than Rs. 5,000/- per month.

(3.) That they have lost the bread earner of the family and lost love and affection of the deceased. That the accident has occurred due to sole rash and negligent riding of the motor cycle by its rider, as such respondents are jointly and severally liable to pay the compensation to the claimants.