BASAPPA Vs. K. S. R. T. C.

JUDGEMENT

(1.) This appeal is filed under section 173(1) of the Motor Vehicles Act (hereinafter referred to as 'the Act' for short) by the claimants challenging the judgment and award dated 24.04.2016 passed in MVC No.2054/2013 by the IV Additional District and Sessions Judge and Member, Motor Accident Claims Tribunal No.XIII (for short 'the Tribunal') at Vijayapura.

(2.) The facts leading to filing of this appeal are that on 12.08.2013 at about 6.30 p.m., on Kolhar Bridge when the deceased Sangappa Kotari was riding the motor cycle bearing registration No.KA-28/W4414 towards Kolhar side, at that time, the driver of KSRTC bus bearing registration No.KA-28/F-1960 drove the same in a rash and negligent manner came from opposite side and dashed against the said motorcycle, due to which the deceased Sangappa Kotari sustained fatal injuries and succumbed to the same on the spot. The deceased Sangappa was getting income of Rs.10,000/- per month from agricultural sources. Hence, the claimants being the legal representatives of deceased Sangappa filed claim petition under section 166 of the Act seeking compensation.

(3.) The respondent No.1-Corporation filed the written statement denying the averments made in the claim petition. It was contended that accident occurred due to rash and negligent driving of the rider of the motorcycle. Hence, prayed to dismiss the claim petition.