THE DIVISIONAL MANAGER Vs. MAITHILI

JUDGEMENT

(1.) IN these two appeals, the Maharashtra State Road Transport Corporation through its Divisional Manager has called in question the judgment and award passed by the MACT -IV, Belgaum and 3rd Additional District Judge, Belgaum, in MVC Nos. 230/2006 and 231/2006.

(2.) IN order to avoid confusion, I would like to retain the ranks of the parties according to their ranking before the trial Court.

(3.) IT is the case of the claimants that a lady by name Smt. Savitha Sudhakar, a married woman, along with a child namely Savika Laxman Lad, aged about one year, were proceeding in a car bearing Registration No. MH. 06/T. 6257 along with others from Panvel to Goa When the car came near Soundalga Village on Pune -Bangalore Road, it collided with MSRTC bus bearing Registration No. MH. 31/AP. 9842. Due to the said impact, both the said lady and the small child succumbed to the injuries. The appellant herein, who is the 1st respondent before the trial Court, contested the proceedings seriously on the ground that, though two vehicles were involved in the accident, the trial Court has committed serious error in fastening the liability of payment of compensation on the 1st respondent only.