RAJASHREE Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) These two appeals respectively by the claimants and the Corporation are directed against the same common judgment and award dated 18th January 2008, passed in MVC No.228/2006, by the Presiding Officer, Fast Track Court-3 and Member, Additional Motor Accident Claims Tribunal, Hassan, (for short, 'Tribunal').

(2.) While the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation awarded by Tribunal in their favour is inadequate and needs to be enhanced; the Corporation has filed the appeal seeking reduction of compensation, on the ground that the compensation awarded by Tribunal towards loss of dependency is exorbitant and on the higher side.

(3.) The facts in brief are that, the claimant No.1 is the wife and claimant No.2 is the mother of deceased, H.A. Santhoshkumar. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 5:30 A.M, on 29-01-2006, when the deceased H.A. Santhoshkumar was travelling along with his brother in the Car bearing Registration No.KA- 13/M-7574, from Hassan to Bangalore, he met with an accident, on account of rash and negligent driving by the driver of KSRTC Bus bearing Registration No.KA- 13/F-1267, near Vaddarakoppal Gate and Shanthigrama on B.M. Road. Due to the impact, the deceased died on the spot.