KSRTC Vs. RAJANNACHARI

JUDGEMENT

(1.) This bunch of appeals arise from the accident which took place on 03.04.2016. Therefore, all the appeals were heard together and have been decided by this common judgment.

(2.) Mfa No.4539/2019 has been filed by the claimants of deceased Swamy whereas MFA No.7957/2019 has been filed by the Karnataka State Road Transport Corporation (hereinafter referred to as 'the Corporation' for short) against the judgment dated 28.01.2019 passed in MVC No.157/2016.

(3.) Facts leading to filing of these appeals briefly stated are that on 03.04.2016, deceased Swamy was traveling along with his wife Gayathri, daughter Baby Parinitha and mother Rajamma, in his Tata Indica car bearing registration No.KA 50 2017 towards Venkataramana Swamy Temple in Budabaalu Village near Kollegala from Mandya. When they reached near one Kempaiah's land on the main road at about 10 a.m., at that time, a KSRTC bus bearing registration No.KA-10 F-0128 which was being driven in a rash and negligent manner by its driver and in a high speed, dashed the TATA Indica car. On account of the accident, driver of the car namely Swamy and his wife Gayathri succumbed to the injuries and died. Baby Parinitha as well as Rajamma sustained injuries in the aforesaid accident.