BANGALORE METROPOLITAN TRANSPORT CORPORATION, CENTRAL OFFICE, BANGALORE AND ORS Vs. AROON KUMAR CHOUDHARY, S/O JAGAT NARAYAN CHOUDHARY AND ORS

JUDGEMENT

(1.) These two appeals, respectively by the Corporation and the claimants are directed against the same judgment and award dated 16th July 2007, passed in MVC No. 6350/2006, by the V Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore (SCCH-20), (for short, 'Tribunal').

(2.) While the Corporation has filed the appeal for reduction of compensation on the ground that the same is on the higher side and also to fix some percentage of negligence on the rider of the motor cycle, the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation of Rs.9,03,000/- awarded in their favour, as against their claim for Rs.50.00 Lakhs, is inadequate and needs to be re-determined.

(3.) The facts in brief are that, the claimants are the parents of the deceased Anand Prakash. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 08:00 P.M., on 28-07-2006, when the deceased Anand Prakash was riding his motor Cycle bearing Registration No.KA- 09/EQ-6322, on NH-7, near Chikka Koguru Gate, within the limits of Hebbagodi Police Station, the driver of the Bus, belonging to the Corporation, bearing Registration No.KA-01/F-3814, drove the same at high speed, in a rash and negligent manner and dashed against the hind portion of the motor cycle. Due to the impact, deceased fell down and sustained grievous injuries and was immediately taken to St. John's Medical College Hospital, Bangalore, for treatment, but unfortunately, the deceased died on the way to the Hospital.