GYANCHAND MEHTA Vs. BHARATHI WIFE OF RAMACHANDRA6

JUDGEMENT

(1.) The appellants/claimants are before this Court under Section 173(1) of Motor Vehicles Act, 1988, not being satisfied with the quantum of compensation awarded under judgment and award dated 06.02.2015 passed in MVC No.5773 of 2012 on the file of the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for brevity).

(2.) Claimants are the parents of deceased Arun Kumar Mehta. They filed petition under Section 166 of the Motor Vehicles Act, seeking compensation for the death of their son Arun Kumr Mehta, in a motor vehicle accident. On 18.05.2012, when the deceased was returning to his house on a scooter bearing registration No.KA-01-V-6102, a lorry bearing registration No.KA-05-AB-7417 driven in a rash and negligent manner dashed to the scooter of the deceased. As a result of which, the deceased fell down and left wheel of the lorry ran over his head and he died on the spot. It is stated that the deceased was aged about 29 years, as on the date of accident and was working as a Professional Consultant, earning Rs.30,00,000/- per annum.

(3.) Respondent No.1-owner of the lorry remained exparte before the Tribunal, whereas respondent No.2- Insurance Company appeared before the Tribunal and filed objections. In the objections, it was contended that the accident took place due to the rash and negligent riding of the scooter by the deceased Arun Kumar Mehta and he was solely responsible for the accident. The second respondent-Insurer admitted the insurance policy and stated that the liability if any, would be subject to the terms and conditions of the policy. The insurer also denied the income of the deceased and dependency of the claimants.