MANAGING DIRECTOR Vs. RESHMA

JUDGEMENT

(1.) The present appellant - North-West Karnataka Road Transport Corporation (hereinafter referred to as the Rs. Corporation' for brevity) was respondent No.2 in M.V.C.No.634/2017, in the Court of learned I Addl.Senior Civil Judge and Addl.Motor Accident Claims Tribunal-VII, at Shivamogga, (hereinafter referred to as Rs. the Tribunal' for brevity), which was instituted by the present respondent Nos.1 to 6, who, as a claimants instituted a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, seeking compensation of a sum of Rs. 66,55,000/-.

(2.) The summary of the case of the claimants before the Tribunal was that on the date 21/6/2016, at about 2.15 p.m., when Sri Shahid Baig, who was the husband of claimant No.1, father of claimant Nos.2, 3, 4 and 5 and son of claimant Nos.6 and 7, was returning from Tarikere to Shivamogga in a motorcycle bearing registration No.KA-14-EL-5172, at that time, a KSRTC bus bearing registration No.KA-23-F-765, coming from opposite direction in National Highway-206 and being driven by its driver in a rash and negligent manner, dashed to the motorcycle of Shahid Baig near Gante Kanive. Due to the said road traffic accident, the rider Shahid Baig fell down, sustained injuries and succumbed to the same. The claimants claiming that the deceased was the sole earner in the family and that they are the dependants upon him, claimed a compensation in a sum of Rs. 66,55,000/- from respondent Nos.1 and 2, holding them as liable to them as the driver and owner-cum-insurer of the alleged offending vehicle respectively.

(3.) The respondent Nos.1 and 2 in response to the summons served upon them, appeared before the Tribunal and filed their statement of objections. The respondent No.1 took a contention that he was driving the alleged offending bus in a normal speed by observing all traffic rules. It was the rider of the motorcycle who was riding his motorcycle in a rash and negligent manner. He also contended that the deceased rider had no valid driving licence. While riding the motorcycle, he became panic and he himself dashed to the bus, resulting in an accident. Even respondent No.2 also took the similar contention in its statement of objections.