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2020 Supreme(Kar) 1337

ALOK ARADHE, M.I.ARUN
Nancy J – Appellant
Versus
Bangalore Metropolitan Transport Corporation Limited, Bengaluru – Respondent


Advocates Appeared:
Gurudev Prasad K T, Advocate, F.S. Dabali, Advocate

JUDGMENT

M.I.Arun, J. - This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment dated 08.09.2017 passed by XXI Additional Small Causes Judge and the MACT, (SCCH-23) at Bengaluru.

2. Facts giving rise to the filing of the appeal briefly stated are that on 13.11.2016 at about 4.50 p.m., on Hebbala flyover, Bellary road, Bengaluru, the driver of K.S.R.T.C. bus bearing registration No.KA- 57-F-1132 drove it in a rash and negligent manner and dashed against the motor cycle bearing registration No.KA-03-HH-4659 which was infront of the bus and consequently, the rider of the motor cycle Asad Ali fell down and sustained multiple injuries, which resulted in his death.

3. The claimants being legal heirs and dependents of the deceased, filed a petition under Section 166 of the Act. On the ground that the deceased was aged about 38 years at the time of accident and he was working as a head cook in Lazeez Restaurant, Bengaluru and was earning about Rs.1,200/- per day, the claimants claimed compensation to a tune of Rs.50,00,000/- along with interest.

4. On service of notice,

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