N. NEERAJ KUMARI, W/O. LATE NARAYANA REDDY, KUM. N. BHAVANI AND KUM. N. SINDHU BOTH ARE D/O. LATE NARAYANA REDDY Vs. THE MANAGING DIRECTOR K.S.R.T.C

JUDGEMENT

(1.) MFA No. 109/2010 is filed by KSRTC against the award made in MVC No. 1582/2008, inter alia contending that finding of Tribunal regarding issue of negligence is erroneous compensation awarded is far on the higher side. MFA No. 7977/2009 is filed by claimants in MVC No. 1583/2008, inter alia contending that compensation awarded by Tribunal is inadequate. MFA No. 7976/2009 is filed by claimants in MVC No. 1582/2008 for enhancement of compensation. The lower court records are received. With the consent of learned Counsel for parties, the appeals are taken up for decision on merits.

(2.) AS the claim petition in MVC No. 1582/2008 was filed under Section 163A of the Motor Vehicles Act, 1988 (for short, 'the Act'), the 'Tribunal has not recorded any finding on the issue of negligence.

(3.) IN MVC No. 1582/2008, the Tribunal has held that accident took place due to rash and negligence driving of driver, of KSRTC bus bearing No. KA -01 -F -8242. The Tribunal has disbelieved the evidence given by driver of KSRTC bus.