LAWS(KAR)-2019-9-147

RAJASHREE Vs. SACHIN

Decided On September 06, 2019
RAJASHREE Appellant
V/S
SACHIN Respondents

JUDGEMENT

(1.) The claimants in MVC No.309 of 2014 on the file of the IX Additional District and Sessions Judge and Additional Motor Accident Claims Tribunal, Belagavi (for short 'the Tribunal') have come up in this appeal impugning the judgment and award dated 02.11.2017.

(2.) It is the case of the claimants before the Tribunal that, on 18.10.2013, one Rudrayya Irayya Hiremath was traveling in a car bearing registration No.MH-11/AW-9869; a lorry bearing registration No.KA-25/D-2136 was proceeding in front of the car; both the drivers drove the vehicle in a rash and negligent manner; at about, 5.00 a.m., when they reached the spot of the accident, the lorry driver suddenly applied brakes as there was a speed breaker; the car driver could not control his vehicle and dashed to the lorry from the hind side due to which Rudrayya Irayya Hiremath sustained injuries and died in the hospital on the next day.

(3.) The claimants, who are the legal representatives of the deceased filed claim petition seeking compensation of Rs.40,00,000/- against owner and insurer of both the vehicles. They contended that the deceased was aged about 38 years and was getting salary of Rs.5,000/- per month by doing private service and was earning Rs.8,000/- to Rs.10,000/- per month by doing the avocation of swamy and they were entirely dependent on his income.