UNITED INDIA INSURANCE CO LTD DIVISIONAL OFFICE RAMA BHAVAN COMPLEX NEAR NAVA BHARATH CIRCLE MANGALORE BY ITS MANAGER Vs. MARY

JUDGEMENT

(1.) M.F.A.No.6447/2016 has been filed by the Insurance Company, whereas M.F.A.No.5729/2016 has been filed by Karnataka State Road Transport Corporation (hereinafter referred to as 'the KSRTC' for short). Since, both the appeals arise out of the accident, which took place on 23.04.2012 as well as from the judgment dated 27.04.2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal', for short), they were heard together and are being decided by this common judgment.

(2.) Facts leading to filing of these appeals briefly stated are that on 23.04.2012, deceased Johnson P.S. was proceeding as pillion rider in motor cycle bearing registration No.KA05-HF-7820 towards Belthangady side. When they reached near Kasba Village at about 8.45 p.m., the rider of the motor cycle drove the motor cycle in a rash and negligent manner and dashed against KSRTC bus bearing registration No.KA19-F-2489, which was being driven in a high speed and in a rash and negligent manner from opposite direction. Both the vehicles collided with each other and the occupants of the motor cycle were thrown on the road and sustained grievous injuries and succumbed to the injuries on spot.

(3.) Thereupon, the claimants filed a petition under Section 166(1) of the Act seeking compensation inter alia on the ground that deceased Johnson P.S. at the time of accident was aged about 20 years and was a student of 2nd year BSc course in SDM College from Ujire. It was also pleaded that deceased was doing a part time job and earning a sum of Rs.8,000/- per month. It was also pleaded that the accident took place on account of rash and negligent driving of the rider of the motor cycle and the driver of the KSRTC bus and respondent Nos.1 to 3 are liable to pay compensation. A sum of Rs.30 Lakhs was claimed by way of compensation along with interest.