SRI GOPAL M – Appellant
Versus
MUJAHID M – Respondent
AND
AWARD
DATED:28.06.2018 PASSED IN MVC NO.3553/2017 ON
THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE
AND MACT, BENGALURU(SCCH-11), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 8the Act9,
for short) has been filed by the claimants being
3
aggrieved by the judgment dated 28.06.2018 passed
by the Motor Accident Claims Tribunal, Bengaluru in
MVC No.3553/2017.
2.
Facts giving rise to the filing of the appeal
briefly stated are that on 04.05.2017 at about 07.15
p.m., the deceased Ambuja Gopal was proceeding in a
motorcycle bearing Registration No.KA-51-EH-8695 as
a pillion rider and the same was ridden by its rider-
cum-RC owner by name Mujahid from silk board
towards electronic city on NH-7 (BETL) elevated
flyover in a rash and negligent manner endangering to
human life, without observing any of the traffic rules
and regulations, while so proceeding reached near
electronic city phase-2 turning / curse (BMTC Depot)
due to his negligent riding lost control an
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