LAWS(KAR)-2019-2-134

AMBIKA W/O LATE AMBADAS Vs. ANIL

Decided On February 26, 2019
Ambika W/O Late Ambadas Appellant
V/S
ANIL Respondents

JUDGEMENT

(1.) The appellants/claimants are before this Court being dissatisfied with the quantum of compensation awarded under judgment and award dated 16.12.2011 in MVC No.256/2011.

(2.) The claimants being the wife and parents of the deceased Ambadas filed claim petition under Section 166 of the Motor Vehicles Act, claiming compensation for the accidental death of Ambadas. It is stated that on 10.03.2011 at about 6.30 p.m., when the deceased Ambadas was proceeding on motorcycle bearing Regn. No.KA-32-Q-1247, a tipper vehicle bearing Regn. No.KA-20-A-7827 came from the opposite direction in a rash and negligent manner and dashed against the said motorcycle and caused the accident. Due to the accident, said Ambadas sustained grievous injuries and succumbed to the injuries. It is stated that the deceased Ambadas was working as Mestri and was earning Rs.6,500/- per month and he was aged 25 years as on the date of the accident.

(3.) On service of notice, respondent No.3 insurance company appeared before the Tribunal and filed its objection, denying the petition averments. Further, it is contended that the accident occurred due to the rash and negligent riding of the rider of the motorcycle and the driver of the tipper vehicle was not holding valid and effective driving licence as on the date of the accident.