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2021 Supreme(Kar) 1012

ASHOK S. KINAGI, ALOK ARADHE
Rekha Devi W/O Late Ramchandar Thakur – Appellant
Versus
Mukesh Yadav S/o Teji Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ranjith K.S., Adv.,
For the Respondent: Mr. Sanmathi E.I., Adv.,

JUDGMENT :

Alok Aradhe, 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 seeking enhancement of the amount of compensation against the judgment dated 28.01.2017 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short).

2. Facts giving rise to the filing of the appeal briefly stated are that on 19.06.2015, the deceased Ramachandra Thakur was proceeding in a vehicle bearing Registration No.KA-19-C-5015. When he reached near Mangalur Junction, a lorry bearing Registration No.MP-20-HB-5677, which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the vehicle in which the deceased was traveling. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.

3. The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 41 years at the time of accident and was engaged as a coolie at Baikampadi Industrial Area, Mangalore and was earning a sum of Rs.20,000/- per month.

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