NANJAMMA Vs. DIVISIONAL CONTROLLER, KSRTC

JUDGEMENT

(1.) MFA Nos.9324/2015, 9325/2015, 9326/2015, 9328/2015 and 9329/2015 have been filed by the Karnataka State Road Transport Corporation (hereinafter referred to as 'the Corporation') under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) against the judgment and award dtd. 30/5/2015 passed in MVC Nos.464/2011, 465/2011, 475/2011, 508/2011 and 39/2012, respectively, on the file of the II Addl. Senior Civil Judge and Additional MACT, Mandya, whereas MFA Nos.8577/2015, 8578/2015 and 6853/2015 have been filed by the claimants against the judgment and award dtd. 30/5/2015 passed in MVC Nos.464/2011, 465/2011 and 39/2012, respectively, on the file of the II Addl. Senior Civil Judge and Additional MACT, Mandya. MFA No.1401/2014 is filed by the Corporation against the order dtd. 26/9/2013 passed in MVC No. 8261/2011 on the file of the 20th Additional Small Causes Judge, Member MACT, Bangalore and MFA No.3998/2015 is also filed by the Corporation against the judgment and award dtd.: 3/3/2016 passed in MVC No.1605/2012 on the file of the c/c Principal Senior Civil Judge & JMFC, Pandavapura. Since, all the appeals arise out of the same accident, they were clubbed, heard together and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 24/10/2011 the deceased persons along with their relatives were travelling in Maruti Omni vehicle bearing registration No.KA-09/N5585 towards K.R.Pet, on Mysore - K.R.Pet road and the driver of the car was driving the said car slowly and cautiously. When they reached near Basavanna Temple, Hulkere Koppalu Gate, Pandavapura Taluk at about 10.30 a.m., a KSRTC bus bearing registration No.KA-09/F-3986 which was being driven by its driver at a high speed and in a rash and negligent manner, dashed against the Maruthi Omni vehicle. As a result of the aforesaid accident, six inmates of the vehicle died on the spot and one person succumbed to the injuries on the way to the hospital.

(3.) The claimants of five deceased persons filed petitions under Sec. 166 of the Act before the II Addl. Senior Civil Judge & Addl. MACT, Mandya on the ground that the deceased in MVC No.464/2011 was aged about 48 years at the time of accident and was engaged in agricultural operations and sale of coconuts and was earning Rs.15,000.00 per month, whereas in MVC No.465/2011 the claimant was aged about 30 years at the time of the accident, and had completed his Ph.D. Course and about to do research. He was employed as Agricultural Officer in the Department of Agriculture, Bangalore and was getting a salary of Rs.26,022.00 per month. In MVC No.475/2011 the claimant was aged about 35 years at the time of the accident and was employed as Teacher in the Government Primary School and getting a salary of Rs.16,500.00 per month and he was also cultivating the land and was earning Rs.5,000.00 per month. In MVC No.508/2011 the claimant was aged about 50 years at the time of the accident and was an agriculturist. In MVC No.39/2012 the claimant was aged about 36 years at the time of the accident and was owner of an auto as well as Maruthi car and was earning Rs.20,000.00 per month, he was also rearing cows and buffaloes and engaged in milk vending business and earning Rs.5,000.00 per month. He was also the owner of 2 acres of land and was earning Rs.2,00,000.00 per year. The claimants claimed compensation to the tune of Rs.23,10,000.00, Rs.54,10,000.00, Rs.40,60,000.00, Rs.13,00,000.00 and Rs.30,00,000.00, respectively in the above cases along with interest at 18% p.a.