BANGALORE METROPOLITAN TRANSPORT CORP. BY ITS MANAGING DIRECTOR REPRESENTED BY ITS CHIEF LAW OFFICER Vs. MAYA W/O BIJU T.S., VIJAYA LAKSHMI W/O SHANKARA PILLAI AND KUM. SINDHU D/O SHANKARA PILLAI

JUDGEMENT

(1.) THIS appeal filed by the Corporation is directed against the judgment and award dated 22.01.2005 passed in MVC No. 3467/2002 on the file of the XVII Additional Judge & MACT, Court of Small Causes, Mayo Hall Unit, Bangalore (SCCH -20) (hereinafter referred to as Tribunal' for brevity). The Tribunal by its impugned judgment and award awarded a sum of Rs. 13,80,000/ - with 6% interest from the date of petition till the date of realisation as against the claim of the claimants for Rs. 30,00,000/ - on account of the death of the deceased. Sri Biju T.S. in a road traffic accident. Being aggrieved by the quantum of compensation awarded by the tribunal, the Corporation felt necessary to present this appeal on the ground that the compensation awarded is on the higher side and needs to be reduced.

(2.) BRIEF facts of the case are: Claimant Nos. 1, 2 and 3 are respectively the wife, mother and sister of the deceased. That on, 12.06.2002 at about 8.00 p.m., when the deceased was riding his motor cycle bearing registration No. KA -04 -X -7883 on Residency road and reached near Asharvadam Circle, at that time & BMTC Bus bearing registration No. AF 318 came from behind with high speed, in rash and negligent manner and dashed against the motor cycle.As a result of the same, the deceased fell down and sustained grievous injuries on the vital parts of his body. He was shifted to Hosmat Hospital and the deceased succumbed to the injuries. The deceased was aged about 24 years and was working as a clerk in ICICI Bank, earning Rs. 10,300/ - p.m. He was the only bread earner and financial support to the family, On account of untimely death of the deceased, the family is lacing severe financial distress. Therefore, the claimants were constrained to file a claim petition under Section 166 of M.V. Act claiming compensation against the Appellant. The said claim petition filed by the claimants came up for consideration before the Tribunal, and the Tribunal in turn, after perusal of the oral and documentary evidence on the file, allowed the claim petition in part awarding a sum of Rs. 13,80,000/ - under different heads with interest at 6% p.a. Being dissatisfied with the compensation, the Appellant Corporation has presented this appeal seeking modification by reducing the compensation.

(3.) THE learned Counsel for the Respondents/claimants inter -alia substantiated that the compensation awarded towards loss of dependency, loss of estate and other heads is just and reasonable, in as much as the documents prove beyond reasonable doubt The rash and negligent driving by the driver of the offending vehicle belonging to the Appellant Corporation and the Tribunal has rightly awarded the compensation after appreciating oral and documentary evidence available on file and therefore, there is no substantial ground urged by the Appellant Corporation and hence, prays that the appeal is liable to be dismissed.