DIVISONAL CONTROLLER KSRTC Vs. T G BHANUMATHI

JUDGEMENT

(1.) This appeal by the Corporation and the cross-objection by the claimants are directed against the same judgment and award dated 2.7.2005 passed in M.V.C. No. 210 of 2003 on the file of the Prl. District Judge and Member, Motor Accidents Claims Tribunal, Chikmagalur (hereinafter referred as 'the Tribunal' in short).

(2.) By the impugned judgment and award, the Tribunal has awarded a sum of Rs. 11,05,000 with interest at 6 per cent per annum from the date of petition till its realization as against the claim made by the claimants for a sum of Rs. 20,00,000 on account of the death of the deceased A.S. Byrappa in the road accident.

(3.) In brief, the facts of the case are: The claimant No. 1 is the wife, claimant Nos. 2 and 3 are the children and claimant No. 4 is the mother of the deceased A.S. Byrappa and they filed a claim petition before the Tribunal under section 166 of Motor Vehicles Act claiming compensation against the respondents, on account of the death of the deceased in the road accident, contending that on 5.4.2003 the deceased was proceeding on his motor cycle bearing No. KA 18-H 1551 from Halasumne to Vasthare along with one A.M. Manjunath as pillion rider and when they reached the spot of accident, at that time, K.S.R.T.C. bus bearing No. KA 13-F 379 came with high speed in a rash and negligent manner and dashed against the motor cycle, due to which the motor cycle went and dashed against the person who was standing at the spot of accident waiting for the bus. In the said accident, deceased sustained severe injuries and immediately he was removed to M.G. Hospital, Chikmagalur and he succumbed to the injuries while undergoing treatment. It is the further case of claimants that the deceased was aged 40 years, hale and hearty, working as telephone mechanic at BSNL, Chikmagalur and drawing the salary of Rs. 9,473 per month and looking after the welfare of the family and due to his untimely death they have suffered a lot as they have lost the only source of living. The said claim petition had come up for consideration before Tribunal. The Tribunal, in turn, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 11,05,000 under different heads with interest at 6 per cent per annum from the date of petition till its realization. Being aggrieved by the said judgment and award, the Corporation has filed M.F.A. No. 8118 of 2005 contending that the compensation awarded by the Tribunal under all the heads is excessive and it requires to be reduced and the claimants have filed Cross-Objection No. 335 of 2006 contending that the compensation awarded by the Tribunal towards loss of dependency, loss of love and affection and transportation and funeral expenses is inadequate and it requires to be enhanced.