SANAULLA Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) These two appeals by the claimants and the Corporation are directed against the same judgment and award dated 4.6.2007, passed in M.V.C. No. 1833 of 2006, by the Sixth Additional Judge, Court of Small Causes, Motor Accidents Claims Tribunal, Metropolitan Area, Bangalore (SCCH-2), (for short, 'the Tribunal').

(2.) While the claimants have filed the appeal seeking enhancement of compensation on the ground that the compensation awarded by the Tribunal is unjust, improper and needs to be enhanced, the Corporation has filed the appeal, challenging the liability fastened on it and accordingly, the impugned judgment and award is liable to be set aside.

(3.) The facts in brief are that claimants are the parents of the deceased Zakaulla. They filed the claim petition under section 163-A of the Motor Vehicles Act, contending that at about 7 p.m. on 19.2.2006, when the deceased was travelling as a pillion rider on motor cycle bearing No. CTJ 2214, ridden by his brother, near Railway Bridge, Malleshwaram, Bangalore, by observing traffic rules, he met with an accident on account of rash and negligent driving by the driver of a B.M.T.C. bus bearing No. KA 01-F 2907. Due to the impact, the deceased and also his brother sustained grievous injuries and died on the spot.