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2022 Supreme(Raj) 1906

BIRENDRA KUMAR
Harphoolsingh – Appellant
Versus
B. V. Shanthveerappa – Respondent


Advocates appeared:
Gaurav Dhiwan, Advocate, Akshat Choudhary, Advocate, H.V. Nandwana, Advocate

JUDGMENT

Birendra Kumar, J. - The appellants-claimants are not satisfied with the award of the Motor accident Claims Tribunal, Sikar, made in Motor accident Claims Case No.186/2013 on 18.05.2017. Hence, this appeal under Section 173 of the Motor Vehicles act for enhancement of the award.

2. The appellants had claimed Rs.85,40,000/- whereas the Tribunal awarded Rs.5,12,174/-.

3. The appellants are parents of Suresh Kumar. On 01.07.2012 Suresh Kumar was coming on a Motor Cycle at about 9:50PM, a Bus bearing Registration No.Ka-09F-4856 belonging to Karnataka State Road Transport Corporation came rashly and negligently from behind and dashed the Motor Cycle causing instant death of Suresh Kumar. at the time of accident, Suresh Kumar was working as Granite Cutting Machine Operator in Shivalik Granite Factory situated at anchepalya Village, Kunigal Taluk, Tumkar and was earning Rs.15,000/- per month. Suresh Kumar was aged about 25 years at the time of his death. The accident is proved by documentary evidence such as FIR, Post Mortem Report and charge sheet submitted in the case along with statement of the eye-witnesses of the occurrence recorded at the time of incident. One of the claimant

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