NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION BY ITS DIVISIONAL CONTROLLER REPRESENTED BY ITS CHIEF LAW OFFICER Vs. ANNAPPA BASAPPA BASAGOUDAR, BABU BASAPPA BASAGOUDAR, NANDEPPA BASAPPA BASAGOUDAR AND GOURAVVA BASAPPA BASAGOUDAR

JUDGEMENT

(1.) THE Divisional Controller, NWKRTC (hereinafter referred to as the "Corporation" for short) filed this appeal challenging the judgment and award dated 27 -12 -2006 made in MVC No. 2266/2005 passed by the Additional Motor Accident Claims Tribunal, Athani, (hereinafter referred to as 'the Tribunal' for short) fastening the liability on the appellant. The respondents 1 to 4 herein who are the claimants had filed a claim petition before the Tribunal contending that the father of respondents 1 to 3 and husband of the 4th respondent one Basappa Basavanagoudar was standing by the side of the road, near Sankonatti village at about 8.00 p.m. The bus belonging to the Corporation bearing Registration No. KA -28/F -592 driven by its driver in a rash and negligent manner came and dashed against the deceased Basappa who was standing by the side of the..road. Due to the impact, Basappa fell down and sustained grievous injuries to his head. While shifting to the hospital, he succumbed to injuries. At the time of death, the deceased was aged about 58 years, doing agricultural and milk vending business and was earning a sum of Rs. 13,000/ - p.m. Due to the death of their father, they have lost their bread earner and sought for compensation of Rs. 8,00,000/ -.

(2.) THE respondent -Corporation entered appearance and filed objection statement denying the entire averments made in the claim petition and also contended that no accident had occurred as on 6 -7 -2005 as alleged by the claimants. The bus belonging to the Corporation bearing registration KA -28/F -592 had not met with any accident. They have disputed the earnings of the deceased and sought for dismissal of the claim petition.

(3.) IN order to prove the case of the claimants, the first claimant was examined himself as P.W. 1 and got marked the documents as Ex. P1 to Ex. P13. He has also examined eye -witnesses of the accident as P.W.2 and P.W.3. On behalf of the respondents, driver and conductor of the bus were examined as R.W.1 and R.W.2 and got marked the documents as Ex. D1 to Ex. D5.