M.R. NARASIMHAIAH S/O. RAMAIAH Vs. N.M. RAJPAL (HUF) AND THE REGIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) MFA No. 5713/2006 is filed by the claimant seeking enhancement of compensation awarded by the MACT., Bangalore dated 6.12.2005 in MVC No. 1414/2002. MFA No. 2369/2006 is filed by the Oriental Insurance Company Ltd. challenging the liability saddled on it by the tribunal. Therefore these two appeals are heard together.

(2.) FOLLOWING facts are not in dispute in these appeals are: Claimant is a driver of KSRTC bus. On 19.12.1999 he was driving the bus from Bangalore to Melvarthur on Chitoor -Palmaner road. When the bus reached Lakshmaiah Kandriga there was a head on collision between KSRTC bus of which claimant was driving and lorry bearing No. KA -01 -3981. In the accident lorry driver died on the spot. Charge -sheet was registered against the claimant and there were several other claims lodged by the passengers who were in the bus.

(3.) HAVING heard the counsel for the parties and on perusal of records, in order to ascertain whether there were any other claim petitions lodged by the victims of the accident, we directed Smt. Sumangala A Swamy, learned standing counsel to KSRTC to ascertain whether any claims were made and whether liability is saddled on the KSRTC or the owner of the lorry. Today, Smt. Sumangala A Swamy submitted that three claim petitions were lodged in respect of the same accident and liability has been saddled on the KSRTC and KSRTC has satisfied the award. These facts are not in dispute.