NANJUNDAIAH Vs. C. K. RAJEEV

JUDGEMENT

(1.) M.F.A.No.1874/2017 has been filed by the claimants, whereas M.F.A.No.2845/2015 has been filed by the owner under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) against the judgment dated 08.01.2015 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the claims tribunal' for short). Since, both the appeals arise out of the same accident and the same judgment, they were heard analogously and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 01.08.2013 at about 9.00 a.m., the deceased Purushothama was traveling as a passenger in a bus bearing Registration No.KA40-2314. The bus was being driven in a rash and negligent by its driver, as a result of which the bus was driven in a pit and the deceased fell down from the bus and sustained injuries. The deceased was taken to the hospital, where he remained in patient from 01.08.2013 to 06.08.2013. On the aforesaid date, he succumbed to the injury.

(3.) The claimants thereupon filed a petition under Section 166 of the Act seeking compensation inter alia on the ground that the accident has taken place solely on account of rash and negligent driving of the driver of the bus, in which deceased was traveling. It is further pleaded that the deceased at the time of accident was aged about 19 years and was working as a System Controller in Bannari Amman Power Control Systems and was earning as um of Rs.5,500/- per month. The claimants claimed compensation to the extent of Rs.67,35,000/- along with interest at the rate of 18% per annum.