CHALAPATHI Vs. MANAGING DIRECTOR, KSRTC, KOLAR DIVISION

JUDGEMENT

(1.) M.F.A.No.5118/2017 has been filed by the claimants seeking enhancement of the amount of compensation, whereas M.F.A.No.939/2017 has been filed by the Corporation against the judgment dated 25.10.2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the MACT' for short). Since, both the appeals arise out of the same accident and the same 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 Narayan Swamy on 29.04.2015 at about 5.30 p.m. was riding a motor cycle bearing registration No.KA08-K-3948 and was traveling on Kolar Bangarpet Main Road. When he reached Aniganhalli Gate, suddenly driver of KSRTC bus bearing registration No.KA07-F-1586 came from the opposite direction, which was being driven in a rash and negligent manner and dashed the motor cycle. As a result of the aforesaid accident, deceased Narayan swamy and pillion rider sustained severe injuries and deceased succumbed to the same.

(3.) The claimants thereupon filed a petition under Section 166 of the Act inter alia on the ground that the deceased was working as Cook and was earning Rs.20,000/- per month. It was further pleaded that at the time of accident, the deceased was aged about 20 years and the accident took place on account of sole negligence on the part of the offending bus. The claimants claimed compensation to the extent of Rs.20,00,000/- along with interest at the rate of 12% per annum. The respondent filed the written statement in which inter alia it was pleaded that the driver of the bus is not responsible for the accident. It was also pleaded that the deceased was driving the motor cycle in a rash and negligent manner and lost control and dashed against the bus on the left side. It was further pleaded that the accident has taken place solely on account of negligence on the part of the deceased and the compensation claimed by the claimants is exorbitant and is excessive.