DIVISIONAL CONTROLLER Vs. K. RANGASWAMY

JUDGEMENT

(1.) MFA No.103226/2016 is filed by the NWKRTC challenging the quantum as well as liability and MFA No.101306/2018 is filed by the legal heirs of the deceased K.Madhukumar seeking for enhancement of the compensation, being aggrieved by the Judgment and award dtd. 28/6/2016 passed by the MACT-XII, at Ballari in MVC No.62/2015.

(2.) The facts giving rise to filing of these appeals are that, on 27/12/2014 one K.Madhukumar, along with another person were proceeding on motorcycle bearing registration No.KA-35/W-9038 near National College on State Highway SH-25 at Hospet. The NWKSRTC bus bearing registration No.KA-42/F-552 driven by its driver in a rash and negligent manner dashed to the motorcycle, resulted in sustaining grievous injury and subsequent death of K.Madhukumar. It is averred that, the deceased was shifted to Government Hospital, Hospete and he was declared dead. It is further averred that, deceased was aged about 23 years, he was working as a Senior Grinding Operator in Team Lease Service Private Limited, Bengaluru and was drawing salary of Rs.18,709.00 per month and he was contributing his salary to the family and the claimants were dependent on the income of the deceased and sought to award compensation.

(3.) The respondent Nos.1 and 2 have filed written statement, stating that the claim is not maintainable. It is averred that, the accident is not caused due to the rash and negligent driving of the bus bearing registration No.KA-42/F-552 by its driver and there is no basis to file a claim petition. It is also averred that, the claim of the dependents is highly excessive and exorbitant and sought for dismissal of the claim petition.