DIVISIONAL CONTROLLER NWKSRTC Vs. MAHADEVI

JUDGEMENT

(1.) Mfa No.102391/2014 is filed by the NWKSRTC, while MFA No.102685/2014 is filed by the claimants. These two appeals are arising out of one and the same judgment and award passed by the FTC and Additional MACT, Gokak questioning the correctness of the judgment and award in MVC No.1518/2012, dated 24.05.2014.

(2.) The parties are referred to as per their original ranking before the tribunal.

(3.) The brief facts which are necessary for the disposal of these appeals are as under : A claim petition came to be filed under Section 166 of the M.V. Act by dependants of Ishwarayya S/o. Shivalingayya Hiremath stating that on 13.11.2011 at about 5.00 p.m. said Ishwarayya along with one Mallikarjun S/o. Channappa Guteshwar were returning from Nargund to Hubli on motorcycle bearing No.KA- 25/B-3558 near Arekuratti bridge within the limits of Navalgund Village, at that time, a KSRTC bus bearing No.KA-28/F-1579 came in a rash and negligent manner and dashed against the motorcycle resulting in death of Ishwarayya.