BANGALORE METROPOLITAN TRANSPORT CORPORATION, K.H. ROAD, SHANTHINAGAR, BANGALORE BY ITS MANAGING DIRECTOR, REPRESENTED BY ITS CHIEF LAW OFFICER Vs. KRISHNAMURTHY S/O LATE KUPPASWAMY NAIDU AND UMADEVI D/O KRISHNAMURTHY

JUDGEMENT

(1.) THIS appeal by the Corporation is directed against the impugned judgment and award dated 6th November 2006 passed in MVC No. 808/2006, by the Member, V Addl. MACT, Mayo Hall Unit, Court of Small Causes, Metropolitan Area, Bangalore (SCCH -20), (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 3,53,000/ - awarded in favour of the claimants as against their claim for Rs. 10.00 Lakhs, is on the higher side and needs to be reduced. The facts in brief are that the respondents No. 1 and 2 herein, being the husband and daughter of deceased Smt. V. Rukamani, filed a claim petition under Section 166 (1) of the Motor Vehicles Act, contending that at about 07:00 P.M., on 28 -10 -2005, when the deceased was walking on Varthur Main Road, near Subramanya swamy Temple, Bangalore, at that time, the driver of the bus bearing No. KA -01/F -2481 came at high speed, in a rash and negligent manner and dashed against the deceased. Due to the impact, she sustained grievous injuries and succumbed to the same.

(2.) THE claim petition filed by claimants -respondents 1 and 2 herein came up for consideration before the Tribunal on 6th November 2006. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 3,53,000/ - under different heads, with interest at 6% per annum from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by Tribunal as also the liability fixed on it, the Corporation has presented this appeal, seeking reduction of compensation and to set aside the liability fastened on it.

(3.) WE have heard learned counsel for Corporation and learned counsel appearing for respondents 1 and 2, for considerable length of time.