RAMYA MANOJKUMAR, Vs. BLEND PACK, PROP G R SHANMUGAPPA

JUDGEMENT

(1.) THIS appeal by the appellants/claimants is arising out of the impugned judgment and award dated 24/03/2012 passed in MVC No.9116/2010, by the II Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru (SCCH -13), (for short ' Tribunal' ).

(2.) BY its judgment and award, the Tribunal has dismissed the petition filed by the appellants on account of the death of the deceased Sri. K. Manojkumar, in the road traffic accident.

(3.) ON account of the untimely death of the deceased K. Manojkumar in the road traffic accident that occurred on 10.6.2010 at about 1.05 p.m. when he was riding motor cycle bearing No.KA.51.S.4599 along with his mother as pillion rider on Dr.Marigowda road near NIMHANS Hospital junction, Bengaluru, as he lost balance over the vehicle due to rain water on the road and fell down on the right side of the road and at that time, the driver of the lorry bearing Reg.No.KA.01.B.2688 came from opposite direction with high speed in a rash and negligent manner and ran over the deceased, appellants being his wife, minor daughter and mother have filed the claim petition before the Tribunal under Section 166 of M.V. Act, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, has dismissed the said petition. Being aggrieved by the dismissal of the claim petition by the Tribunal, the appellants have filed this appeal.