MANJULA Vs. N E K R T C

JUDGEMENT

(1.) These appeals are filed under Section 173(1) of the Motor Vehicles Act 1988 (hereinafter referred to as the Act for brevity) by the claimant and the North East Karnataka Road Transport Corporation (hereinafter referred to as the Corporation for short) challenging the same judgment and award passed by the Senior Civil Judge and MACT, Chittapur (hereinafter referred to as the Claims Tribunal for brevity) in MVC No.406 of 2016 dated 28.09.2017.

(2.) For the sake of convenience, parties are referred to as per their ranking before the Claims Tribunal.

(3.) Facts giving rise to the filing of these appeals briefly stated are that on 18.12.2015 at about 8.30 p.m. the deceased Shambai as a pillion rider was proceeding on a motor cycle bearing registration No.KA-32/EK-5478, ridden by her brother-Venkatesh. When they were at a distance of about 4 kms. from Chittapur on Chittapur-Saatnoor road, at that time, the bus bearing No.KA-32/F-1107, driven by its driver in a rash and negligent manner and in a high speed so as to endanger human life lost control over the said vehicle and dashed to the motor cycle. Due to the said impact, both the rider and the deceased fell down and the rear side wheel of the bus ran over the head of the deceased resulting in her death on the spot itself. Hence, the claimant has filed the claim petition under Section 166 of the Act claiming compensation in a sum of Rs.25,00,000/-.