GENERAL MANAGER KSRTC Vs. ARUNA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award dtd. 22/7/2011, passed by the Fast Track Court-I and MACT, Chikodi, in MVC No.935/2010. This appeal is premised on the ground of error committed by the MACT on liability being fastened on the insurance company and on exorbitant compensation awarded to the claimants.

(2.) Brief facts of the case. On 10/6/2009 at about 9.30 a.m. while the deceased was riding his motorcycle bearing No.KA-23/U-7497 towards Chikodi from Examba on the left side of the road, a KSRTC bus bearing No.KA-23/F-351 came in a high speed in a rash and negligent manner so as to endanger human life and personal safety of others and dashed against the motorcycle leading to injuries to the deceased who was admitted to Civil Hospital, Belagavi and while undergoing treatment, he succumbed to the injuries.

(3.) It is the case of the claimants that deceased was agriculturist and dairy farmer aged 50 years and was earning monthly income of Rs.10,000.00 from dairy farming along with income of 5-6 lakhs from agriculture. The claimants were solely dependent on the income of the deceased and due to the sudden and unfortunate death of deceased, the claimants are put to difficulty both emotionally and financially, as the sole bread winner of the family has passed away due to the rash and negligent driving by the driver of the bus. Hence the claimants have filed claim petition seeking compensation against the respondents.