THIMMEGOWDA Vs. GOPALAKRISHNA

JUDGEMENT

(1.) The claimants - appellants are in appeal under Section 173(1) of the M.V.Act, aggrieved by the quantum of compensation and also with regard to liability under the judgment and award dated 26.03.2014 passed in MVC No.196/2008 on the file of the 14th Additional Judge, MACT, Court of Small Causes, Bengaluru.

(2.) The appellants - claimants, parents and younger sister of the deceased filed claim petition under Section 163-A of Motor Vehicles Act, claiming compensation for the death of Srinivasamurthy @ Seena in a road traffic accident. On 24.04.2007 when the deceased Srinivasamurthy was crossing the road, a Tata Sumo bearing registration No. KA-03-B-4964 came in a rash and negligent manner and dashed against the deceased, due to which he sustained injuries and succumbed to the said injuries. It is stated that the claimant was working as a coolie at HAL, Bangalore, and was earning a sum of Rs.3,300/- per month.

(3.) Respondent No.2 - Insurance Co. filed its objections denying the claim averments. It is also stated that the accident occurred only due to sole negligence on the part of the deceased. It is also stated that the driver of the offending vehicle had no valid and effective driving licence as on the date of the accident.