This is petition filed under Section 166 of Motor
Vehicles Act, 1988, seeking compensation of Rs.50,00,000/-
from the respondents, on account of death of
Hanumantharayappa, who is father of petitioners No.1 and
2, in a road traffic accident.
2. The brief facts of the case are as follows:
On 10-03-2023 at about 6.25 p.m., the deceased
Hanumantharayappa in order to go to his work, was
proceeding as a pillion rider on a motorcycle bearing No.KA-
40-EA-3983, the same ridden by one Sanjeevappa, on the left
side of the road, carefully and cautiously. When they reached
near Bhaktarahalli cross, NH-69 road, Gowribidanur Taluk,
Chikkaballapura District, the driver of car bearing Reg. No.KA-
40-A-1539, drove the same carelessly and negligently and
dashed against the motorcycle of the deceased. Due to said
impact, the deceased has fell down and sustained grievous
injuries all over the body. Immediately after the accident, he
was shifted to hospital, but he has died on the way to
hospital. Earlier to the accident, the deceased was working as
agriculturist and doing coconut business and was earning
Rs.25,000/- per month. He was contributing his entire
earnings to his family. Due to untimely death of a sole bread
earner, the petitioners are struggling for their livelihood. The
Manchenahalli Police have registered the case against the
driver of the said car for the offences punishable under
Section 279, 338 and 304(A) of I.P.C. The respondent No.1 is
the owner and respondent No.2 is the insurer of the
offending vehicle. Hence, they are jointly and severally liable
to pay compensation to the petitioners. Therefore, it is prayed
to allow the petition and award compensation of
Rs.50,00,000/- with interest at the rate of 12% per annum.