MANAGING DIRECTOR KSRTC Vs. D. SARASWATHI

JUDGEMENT

(1.) MFA 1745/2011 is filed by KSRTC to set aside the award made in MVC 9226/2007.

(2.) The facts leading to these claim petitions are as follows:

(3.) At this juncture, it is relevant to notice that Section 165 of the Motor Vehicles Act was amended to facilitate the claimants/victims of accident to file claim petitions before the tribunal within whose jurisdiction they reside. The amendment was brought into effect to mitigate hardship to the claimants but, the claimants in the instant cases have chosen the Motor Accident Claims Tribunal at Bangalore to mitigate hardship to KSRTC because claimants have option to file the claim petition before the tribunal in whose jurisdiction defendant resides. The deceased persons and injured claimants are the members of joint family, yet, the claim petitions were decided before different tribunals. The claimants should have sought for consolidation of claim petitions for decision by a common judgment.