KARNATAKA STATE ROAD Vs. SHRUTHI K. C.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the Karnataka State Road Transport Corporation (hereinafter referred to as 'the Corporation, for short) against the judgment dated 09.07.2018 in MVC No.905/2016 passed by the Motor Accident Claims Tribunal, Hunsur.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 27.04.2016, the deceased B. Praveen was proceeding on a bike namely, Bajaj Pulser bearing registration No.KA-5-S-9824 along with his aunt Smt. Shivananjamma from Hosapura to Kuppe. When they reached Bannikuppe Arabithittu Gate on Mysuru-Hunsur road, at about 06.15 p.m., the driver of the bus of the Corporation bearing registration No.KA- 09-F-4965, which was being driven by its driver in a rash and negligent manner hit the car bearing registration No.KA-04-ML-8990, which in turn hit the motor bike of the deceased. As a result of the aforesaid accident, the deceased fell down and sustained injuries and succumbed to the same, while he was being shifted to the Hospital.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation, inter alia on the ground that at the time of the accident, the deceased was aged 28 years and was employed at KADA, Mysuru and was drawing a monthly salary of Rs.20,000/- per month. It was further pleaded that the deceased was the sole bread earner of the family and the accident took place solely on account of rash and negligent driving of the driver of the bus of the Corporation. The claimants accordingly, claimed compensation to the tune of Rs.55,50,000/- along with interest.