(1.) These appeals arise out of a common judgment and award in MVC Nos.3005/1999 and 3006/1999 dated 31.7.2002 on the file of the Motor Accident Claims Tribunal-II, Bangalore.
(2.) The appellants in MFA No.3600/2005 were the claimants in MVC No.3006/1999. Similarly, the appellant in MFA No.3601/2005 was the claimant in MVC No.3005/1999. All of them are the legal representatives of one D.H. Umesh. It is the case of the claimants that on 8.6.1999 at about 8.00 a.m., D.H. Umesh was proceeding in a scooter bearing registration No.CKK 8035 along with his two minor daughters, B.U. Chaitanya, the appellant in MFA No.3601/2005 and another daughter B.U. Rachana on Malleshwaram-Margosa road to reach Nirmalarani school, when a bus belonging to the Bangalore Metropolitan Transport Corporation (for short the Corporation ) bearing No.KA-01 F-1139, driven in a rash and negligent manner dashed against the scooter. On account of the accident, D.H. Umesh and his two minor daughters fell down from the scooter and sustained grievous injuries. The injured were shifted to K.C. General Hospital for first aid and later shifted to Mallige Medical Centre. D.H. Umesh succumbed to the injuries. The wife, children and mother of D.H. Umesh filed claim petition in MVC No.3006/1999 seeking compensation on account of the death of D.H. Umesh. Kumari Chaitanya and Kumari Rachana filed MVC Nos.3005/1999 and 3160/1999 respectively seeking compensation for the injuries sustained by them in the accident.
(3.) The Corporation has entered appearance in the claim petitions and has filed its statement of objections denying the averments made in the claim petitions. On the basis of the pleadings of the parties, the Tribunal has framed relevant issues. The parties have let in their evidence. On consideration of the materials on record, the Tribunal has allowed the claim petitions by its judgment and award dated 31.7.2002. In MVC No.3605/1999 filed by B.U. Chaitanya, the Tribunal has awarded a total compensation of Rs. 5,50,000/-. In MVC No.3006/1999, it has awarded compensation of Rs. 7,19,000/-. In MVC No.3160/1999 filed by B.U. Rachana, the Tribunal has awarded a compensation of Rs. 15,000/-. The claimants and the Corporation have challenged the judgment and award in MVC Nos.3005/1999 and 3006/1999 dated 31.7.2002.