K N MANJUNATH Vs. VERAM TRADINGS

JUDGEMENT

(1.) The claimants are before this Court, not being satisfied with the quantum of compensation awarded under the judgment and award dated 16.12.2010 passed in MVC No.3624/2007 on the file of the Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for short).

(2.) The claimants are husband and children of the deceased Padmavathi. They filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of Padmavathi in a road traffic accident which occurred on 15.02.2007. It is stated that, on 15.02.2007, a Tanker lorry bearing registration No.KA-TN-10L-0741 came in a rash and negligent manner and dashed against the deceased causing grievous injuries. Subsequently, the injured succumbed to the injuries.

(3.) The respondent No.2/Insurance Company appeared before the Tribunal and filed its objections denying the claim petition averments and contended that the driver of the offending vehicle had no valid and effective driving license to drive the said class of vehicle. It was also stated that the deceased was mentally disabled lady and was stated that the death was due to her own negligence.