MANAGING DIRECTOR, KSRTC DEPOT Vs. YASHWANTHA,

JUDGEMENT

(1.) THOUGH these appeals are posted for orders, with the consent of the learned counsel appearing for Corporation, they are taken up for final disposal.

(2.) ALL these five appeals by the Corporation are directed against the common judgment and award dated 21st November 2005, passed in MVC Nos.3687/2002, 6164/2002, 6165/2002, 6163/2002 and 4982/2002 respectively, by the VI Additional Small Cause Judge and Motor Accident Claims Tribunal, Bangalore (SCCH -2), (for short, 'Tribunal'), seeking to set aside the impugned common judgment and award passed by Tribunal, on the ground that the claim petitions filed by claimants are false and that the injuries sustained by injured claimants and also the death of one of the inmates of the offending vehicle are not on account of the road traffic accident that occurred between the Bus and the Matador Van on 03 -07 -2002 at about 2:15 P.M.

(3.) THE claimants filed their individual claim petitions under Section 166 of the Motor Vehicles Act, contending that at about 2:15 P.M, on 03 -07 -2002, when the deceased in M.V.C.No.4982/2002 and injured claimants in other Motor vehicle cases were travelling in a Matador Van bearing Registration No.KA -17/4566 from Nelamangala to Bavikere village, on Kunigal Bypass road, near Nelamangala Town, NH -4 road, Bangalore Tumkur Road, a KSRTC Bus bearing Registration No.KA -01/F -6813 came from Tumkur side towards Bangalore and the driver of the said Bus drove the same at a high speed, in a rash and negligent manner and dashed against the centre portion of the right side body of the Matador, as a result of which, the Matador van turned turtle to the left side of the road and it resulted in death of deceased and injuries to other inmates.