MANAGING DIRECTOR, KSRTC Vs. KAMALAMMA AND ORS

JUDGEMENT

(1.) This appeal by the Corporation is directed against the judgment and award dated 19th April 2010, passed in MVC No.5657/2009, by the 14th Additional Judge, Court of Small Causes, Motor Accident Claims Tribunal, Bengaluru City (SCCH-10), (for short, 'Tribunal'), for reduction of compensation, on the ground that the monthly income of the deceased assessed by Tribunal at Rs. 10,000/- is disproportionate to the source of income of the deceased.

(2.) The facts in brief are that, the claimants are the wife, minor children, aged about 6 years, 5 years, and 2 years and mother of deceased Nanjundaiah @ Nanjunda. They filed the claim petition under Section 166 (1) of the Motor Vehicles Act, seeking compensation of Rs. 25,00,000/-, contending that at about 3:15 P.M, on 14-07-2009, when the deceased was travelling as a passenger in KSRTC Bus bearing Registration No.KA- 40/F-45 and when it reached at the spot road, on NH- 209, Kankapura-Malavalli Road, near Ashraya Nagar, Sathanur, Kanakapura Taluk, Ramanagara District, within the jurisdiction of Sathanur Police Station, he met with an accident, on account of rash and negligent driving by the driver of the said Bus, when it dashed against the Canter bearing Registration No.KA-12/6769, which was coming slowly from opposite direction. Due to the impact, the deceased sustained grievous injuries and succumbed to the same.

(3.) On account of the death of the deceased persons, the claimants filed the claim petition before the Tribunal, seeking compensation as stated above against the appellant/Corporation. The said claim petition had come up for consideration before the Tribunal on 19th April 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. 15,81,000/-, under different heads, with 6% interest per annum, from the date of petition till the date of deposit and directed the appellant herein/Corporation to indemnify the entire compensation awarded in the claim petition.