MALLIKA SINGH Vs. MANAGING DIRECTOR , KSRTC DEPT.

JUDGEMENT

(1.) M.F.A.No.1391/2016 has been filed by the claimant seeking enhancement of the compensation, whereas, M.F.A.No.2368/2016 has been filed by the KSRTC being aggrieved by the judgment dated 11.12.2015 and since, both the appeals arise out of the accident which took place on 26.01.2014 and the same arise out of a common judgment, they were heard together and are being decided by this common judgment.

(2.) Facts leading to filing of these appeals briefly stated are that deceased Chethan Shivakumar on 26.01.2014 at about 11.30 a.m. was riding a motor cycle bearing registration No.KA03-HM-7305 and was proceeding from Sangam towards Kanakapura side and when he reached near Hulibele Janata Colony dinne, Kanakapura Sangam Road, Kanakapura Taluk, Ramanagar District, the driver of K.S.R.T.C. bus bearing registration No.KA-40-F-061, which was coming from the opposite direction dashed against the motor cycle of the deceased. As a result of the aforesaid accident, the deceased sustained fatal injuries and ultimately succumbed to the injuries in Government Hospital, Kanakapura.

(3.) The legal representative of the deceased thereupon filed a petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation inter alia on the ground that the accident has taken place on account of rash and negligent driving of the driver of the K.S.R.T.C bus. As a result of which, deceased Chethan Shivakumar lost his life. It was also pleaded that at the time of the accident, deceased was aged about 29 years and was employed as Project Manager at II-internal at Global e-business Operations Private Limited, Kundalahalli Village, K.R.Puram, Hobli, Bangalore. It was further pleaded that the jurisdictional police after completion of the investigation filed the charge sheet against the driver of the offending vehicle. The claimants claimed compensation to the tune of Rs.90,00,000/-.