MANAGING DIRECTOR Vs. T. VIJAYALAKSHMI AND OTHERS

JUDGEMENT

(1.) THE appeal by the Corporation and the Cross objections by the claimants -cross objectors are directed against the same judgment and award dated 09/09/2010 passed in MVC No. 207/2009 by the II Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal -7, Shivamogga, (for short 'Tribunal'). The Tribunal by its judgment and award, has awarded a Rs. 31,09,423/ - with interest at 6% p.a., from the date of petition till its deposit, on account of the death of the deceased Sri. Prasanth. M in the road traffic accident.

(2.) IN brief, the facts of the case are: The claimants are the mother and younger brother of the deceased Sri. Prasanth M. On account of the death of the deceased in the road traffic accident, they filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation contending that, on 2.11.2008 the deceased along with the claimants and other family members had been to Kukke Subramanya and after pooja, they left Kukke Subramanya to come to Shimoga. Deceased was travelling in KSRTC bus bearing Reg. No. KA. 19F.2555 at about 2.00 p.m. on 2.11.2008 to go to Bangalore and when the said bus came near Gundya on NH -48, the drive of the said bus drove the same in a rash and negligent manner, lost control over the bus, due to which, it went out of the road and toppled down. As a result, deceased and others sustained head injury. Immediately, deceased was taken to A.J. Hospital for treatment, but he succumbed to the injuries on 3.11.2008 at about 1 -00 a.m.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence, has allowed the claim petition in part, awarding the compensation of Rs. 31,09,423/ - under different heads with interest at 6% p.a., from the date of petition till deposit.