YASHODAMMA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimants seeking enhancement of the amount of compensation, against the judgment dated 31.12.2014 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the MACT' for short).

(2.) Facts leading to filing of this appeal briefly stated are that on 30.09.2012, at about 2.40 p.m. the deceased being a pedestrian was crossing D.B.Road in front of NES bus stop. At that time, one BMTC bus bearing registration No.KA01-FA-1631, which was being driven by its driver in a rash and negligent manner dashed the deceased Shreenivas G. As a result of the aforesaid accident, the deceased fell down and the wheels of the bus rammed over both legs of the deceased. The deceased was immediately shifted to the hospital, where during the course of treatment, he succumbed to the injuries.

(3.) The claimants thereupon filed a petition under Section 166 of the Act inter alia on the ground that deceased at the time of accident was aged about 52 years and was employed as Technician III at Rail Wheel Factory, Indian Railways, Bangalore and was drawing a salary of Rs.35,569/- per month. It was further pleaded that the accident took place solely on account of rash and negligent driving of the bus by its driver. The claimants accordingly, claimed compensation. The respondent filed the written statement, in which inter alia the averments made in the claim petition was denied. It was pleaded that the deceased without observing the moving bus rushed to board the bus and fell down due to which the accident took place. It was pleaded that the accident took place on account of the negligence of the deceased. The respondent No.2 in the written statement, inter alia pleaded that the claimants have filed a false claim with an intention to claim illegal compensation.