MANAGING DIRECTOR, KSRTC Vs. P. CHANDRAMOULI

JUDGEMENT

(1.) FACTUAL MATRIX IN CIVIL APPEAL NO.5490-5491

(2.) On 30/7/2018, the deceased P. Visweswar was riding a motor cycle bearing registration No. KA-01-JA-0746. When he reached near Bharath Petrol Bunk, Murakambattu, Chittor, a KSRTC bus bearing Registration No.KA-06-F-1126, being driven in a rash and negligent manner, came to the wrong side and dashed against the deceased 's motor cycle. As a result of the aforesaid accident, the deceased sustained grievous injuries and subsequently succumbed to the same. The claimants thereupon filed a Claim petition MVC No. 4788/2018 under Sec. 166 of the Motor Vehicles Act, 1988 before the MACT, Bengaluru, claiming Rs.1,00,00,000.00 as compensation along with interest. The claimants averred that the deceased was aged about 34 years at the time of accident and was employed as a team manager at Accenture, Bangalore and was earning Rs.70,000.00 per month. The Tribunal after careful consideration held that the bus driver was negligent and assessed compensation at Rs.69,07,710.00 and deducted Rs.35,48,000.00 (group insurance amount) and granted award for Rs.33,59,710.00 with 6% interest per annum. Aggrieved by the tribunal 's judgment, an appeal was preferred by the claimants seeking enhancement of the compensation awarded. High Court after setting aside the deductions made by tribunal under the employee group insurance, granted a compensation of Rs.69,07,710.00 to the claimants. challenging the said order the appellants/KSRTC preferred these appeals.

(3.) This set of appeals arise from the impugned judgment and order dtd. 17/11/2020 passed by the High Court of Karnataka at Bengaluru, in MFA NO. 9538 Of 2017 wherein the High Court reassessed the compensation at Rs.59,95,944.00 with 6% interest, setting aside the deduction of Rs.10.00 lakh (group insurance), and directed the insurer to deposit the amount. Aggrieved by the same, the appellant has Preferred the present appeals.