MANAGING DIRECTOR, KSRTC Vs. SRI. S. DEVENDRAN

JUDGEMENT

(1.) The appeal by the Corporation and the cross objection by the claimant/cross objector are directed against the impugned judgment and award dated 24th May 2010, passed in MVC No. 4631/2009, by the II Additional Judge, Court of Small Causes, Motor Accident Claims Tribunal, Bengaluru (SCCH-13), (for short, 'Tribunal'). While the appellant/Corporation has filed the appeal seeking reduction of compensation awarded for the damages caused to the vehicle, the claimant/cross objector has filed the cross objection for enhancement of compensation for the damages caused to the vehicle in the road traffic accident, on the ground that, the compensation of Rs. 1,06,590/- awarded in favour of the claimant/cross objector as against his claim for Rs. 9,00,000/-, is inadequate.

(2.) The occurrence of accident at about 7:10 A.M. on 26/02/2009 and the resultant damages caused to the private Bus, belonging to the claimant/cross objector on account of rash and negligent driving by the driver of the KSRTC Bus in question are not in dispute.

(3.) On account of the damages caused to the private Bus in question, in the motor vehicle accident, the claimant/cross objector filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 9,00,000/- against the Corporation. The said claim petition had come up for consideration before the Tribunal on 24th May, 2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 1,06,590/- with interest at 6% per annum, from the date of petition till the date of realization. Being aggrieved by the quantum of compensation awarded by Tribunal, the Corporation is in appeal seeking substantial reduction in compensation and being dissatisfied with the quantum of compensation awarded by the Tribunal towards damages caused to the vehicle, the claimant/cross objector has filed the cross objection before this Court, seeking enhancement of compensation.