RAZIYABEGUM Vs. SHIVAKUMAR

JUDGEMENT

(1.) The claimant-mother is before this Court in this appeal seeking enhancement of compensation awarded under the judgment and award dated 12.12.2012 in MVC No.102/2012 passed by the Senior Civil Judge and MACT-IX, Basavana Bagewadi.

(2.) The claimant approached the Tribunal under Section 166 of the Motor Vehicle Act seeking compensation of Rs.13,30,000/- for the death of her son Sameer in a road traffic accident which occurred on 05.06.2012 when the deceased was proceeding towards Bilagi on motorcycle bearing Registration No.KA.28/U.7405, Car bearing Registration No.KA.02/ME.2634 came in a high speed, rash and negligent manner and dashed to the aforesaid motorcycle, as a result of which deceased sustained injuries and subsequently died due to the injuries. It is stated that the deceased was earning more than Rs.7,500/- per month and he was aged about 22 years as on the date of accident. He was a mason, doing centering work.

(3.) On service of notice, respondent No.2- insurance company appeared before the Tribunal and filed its objections by way of written statement, contending that the car in question was not at all involved in the accident. It is also contended that the driver of the offending vehicle was not holding valid and effective driving licence as on the date of accident.