R KUSUMA, Vs. DIVISIONAL CONTROLLER, KSRTC

JUDGEMENT

(1.) THESE three appeals by the claimant Nos.1 and 2, the Corporation and the claimant Nos. 3 and 4, respectively, are directed against the same impugned judgment and award dated 19/02/2011 passed in MVC No. 1649/2009, by the Additional Civil Judge (Sr.Dn) and Member, Additional Motor Accident Claims Tribunal, Hassan, (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal, by its judgment and award, has awarded a sum of Rs. 11,53,000/ - under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim Rs. 1,00,00,000/ -, on account of the death of the deceased Sri. Kumar, in the road traffic accident. The claimants have filed two appeals for enhancement of compensation and the Corporation has filed an appeal for reduction of compensation and for fixing reasonable contributory negligence on the part of the driver of the car.

(3.) IN brief, the facts of the case are: The claimant Nos. 1 to 4 are the wife, minor child and parents of the deceased. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the Corporation, on account of the death of the deceased Sri. Kumar, in the road traffic accident, contending that, on 2.1.2009 at about 11.45 p.m., the deceased along with others was travelling in a Esteem Car bearing Reg.No.KA.04.N.679 which was driven by the deceased, from Bangalore to Hassan in order to participate at Cricket league to be held in Hassan and when they came near Burdal Bare Forest on NH.48, B.M. road, at that time, the driver of the KSRTC bus bearing Reg.No.KA.01.F.7850 came in a rash and negligent manner and dashed against the car and caused the accident. Due to which, deceased and two others, viz., B.Shekhar and Rajashekharamurthy died at spot and others sustained injuries.