DIVISIONAL CONTROLLER, KSRTC Vs. GAYATHRI AND ORS

JUDGEMENT

(1.) These two appeals by the Corporation are directed against the impugned common judgment and award dated 30th September 2009, passed in MVC Nos.142/2007 & 143/2007, by the Civil Judge(Sr.Dn), Additional Motor Accident Claims Tribunal, Sakleshpur, (for short, 'Tribunal'), on the ground that, the Corporation is not liable to indemnify the award passed by Tribunal and the said direction issued by Tribunal is liable to be set aside.

(2.) It is the specific case of the Corporation that the impugned judgment and award passed by Tribunal is liable to be set aside at the threshold, for the reason that no charge sheet as such has been filed by the police against the driver of the Bus nor the claimants have produced any such charge sheet filed against the driver of the Bus, belonging to the Corporation. Therefore, the direction issued by the Tribunal to indemnify the award amount cannot be sustained and is liable to be set aside.

(3.) The facts in brief are that, the claimants, being the wife and children of deceased A.K. Ganeshachar in M.V.C.No.142/2007 and injured claimant, Shri.Kumaraswamy, S/o. late Subbegowda, in M.V.C.No.143/2007 had filed the claim petitions under Section 166 of the Motor Vehicles Act, contending that, at about 10:15 P.M, on 20-10-2005, the deceased A.K. Ganeshachar and the injured claimant, Kumaraswamy met with an accident when they were travelling on the motor bike bearing Registration No.KA-06/L-9490, on account of rash and negligent driving by the driver of KSRTC Bus bearing No.KA-069/F-0170. Due to the impact, deceased A.K. Ganeshachar succumbed to the injuries sustained in the said motor vehicles accident and the claimant, Kumaraswamy sustained grievous injuries.