CHANCHALAKSHI Vs. THILAK RAJ

JUDGEMENT

(1.) The appellants/claimants are before this Court, not being satisfied with the quantum of compensation awarded under the judgment and award dated 08.08.2014 passed in MVC No.930/2012 on the file of the II Additional District & Sessions Judge and Motor Accident Claims Tribunal, D.K., Mangalore (hereinafter referred to as 'the Tribunal' for short).

(2.) The claimants are wife, children and mother of the deceased Mithradas Amin. They filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of Mithradas Amin in a road traffic accident which occurred on 25.11.2009. It is stated that, on 25.11.2009 when the deceased was proceeding as a pillion rider in a motor cycle bearing registration No.KA-19/EA-4143 when they reached unmanned level cross railway gate, a railway engine dashed the motorcycle resulting in death of the pillion rider Mithradas Amin. It is stated that the deceased was a Transport Contractor of IOCL and was earning Rs.30,000/- p.m. The deceased was owning three tankers. He was aged about 43 years as on the date of death. The claimants have lost their bread winner of the family and hence sought for compensation.

(3.) On issuance of notice, respondents No.1 and 2 appeared before the Tribunal. Respondent No.1 rider of the motorbike filed his objection admitting that the deceased was pillion rider in his motorbike, but denied negligence on his part. Further stated that vehicle was insured with the 2nd respondent insurance company. Respondent No.2/Insurance Company filed its statement of objections denying the accident and that the deceased was the pillion rider and sought for dismissal of the claim petition.