This is petition filed under Section 166 of Motor
Vehicles Act, 1988, seeking compensation of Rs.10,00,000/-
from the respondents, for the grievous injuries sustained by
the petitioner in a road traffic accident. During the course of
trial, the petitioner has died and his legal representatives
came on record and are claiming the said compensation.
2. The brief facts of the case are as follows:
On 24-02-2022 at about 6.30 p.m., the deceased
petitioner by name Narayanappa was proceeding on a
Splendor Plus Motorcycle bearing Reg. No.KA-07-EC-8078 as a
pillion rider, the same was ridden by its rider by name
Venkataramana on Vempalli-Korigepalli main road, in a rash
and negligent manner, endangering to human life, without
observing any of the traffic rules and regulations. While so
proceeding at Yaraguntekatte Vempalli Cross, Srinivasapura
Taluk, Kolar District, lost control over his vehicle, went on to
his extreme right i.e. wrong side and dashed against XL
Heavy Duty vehicle bearing Reg. No.KA-67-H-0765, coming
from opposite direction, which was ridden by its rider slowly
and cautiously, on the extreme left side of the road. Due to
which the deceased petitioner fell down and sustained
grievous injuries all over the body. Immediately after the
accident, he was shifted to Addagal Hospital, wherein he took
first aid treatment and then he was shifted to Sri Narasimha
Raja District Hospital, near Bangarpet Circle, Kolar, wherein
he took treatment as an in-patient and underwent surgery.
After undergoing treatment, the deceased petitioner died
due to the accidental injuries. Earlier to the accident, the
deceased petitioner was working as vegetable vendor and
was earning Rs.20,000/- per month. He was contributing his
entire earnings to his family. But, due to the accidental
injuries, he became permanently disabled and thereby lost
his earning capacity. The Gownipalli Police have registered
the case against the rider of the Splendor Plus motorcycle for
the offences punishable under Section 279, 337 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.10,00,000/- with interest.