DIVISIONAL CONTROLLER KSRTC Vs. MALLESH

JUDGEMENT

(1.) M.F.A.No.2689/2016 has been filed by the Karnataka State Road Transport Corporation (hereinafter referred to as 'the KSRTC' for short), whereas, M.F.A No.82/2017 has been filed by the claimants against judgment dated 06.01.2016 passed by Motor Accident Claims Tribunal.

(2.) Facts leading to filing of these appeals briefly stated are that on 30.03.2014 at about 5.30 p.m. deceased Mahesh was going on his motor cycle on the left side of the road at Channarayanapatna Town. When he reached near Yogesh Petrol bunk, driver of the KSRTC bus bearing registration No.KA-18-F-619 which was being driven in a rash and negligent manner by its driver dashed the motor cycle of the deceased from behind. As a result of aforesaid accident, deceased sustained injuries and succumbed to injuries.

(3.) The claimants there upon filed a petition under Section 166(1) of the Act claiming compensation inter alia on the ground that deceased was working as Senior Service Executive at Sriram Auto Mall India Ltd., and used to earn a salary of Rs.19,300/- p.m. It was further pleaded that accident took place on account of rash and negligent driving of the bus by its driver. The claimants claimed compensation to the tune of Rs.30 Lakhs along with interest at the rate of 18%. The respondents filed the objections in which the averments made in the petition were denied. It was pleaded that driver of the bus was driving the same very slowly and the deceased who was riding the bike by holding mobile phone and drove the same with high speed and suddenly applied the front brake. The bike, therefore, skidded and the deceased fell down on the road, as a result of which he sustained severe injuries and succumbed to the injuries. It was also pleaded that the accident was not caused due to any rash and negligent driving of the bus.