CHANDRAMMA, Vs. MANAGING DIRECTOR, KSRTC ,

JUDGEMENT

(1.) THESE two appeals by the claimants and the Corporation are directed against the same judgment and award dated 13th November 2008, passed in MVC No.729/2007, by the Civil Judge (Sr.Dn), Member, Additional Motor Accident Claims Tribunal, Chitradurga, (for short, 'Tribunal').

(2.) WHILE the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation awarded by Tribunal is unjust, improper and needs to be enhanced, the Corporation has filed the appeal, challenging the liability fastened on it, on the ground that the vehicle in question was not involved in accident.

(3.) THE facts in brief are that, the claimants are the wife and children of deceased Hanumanthappa. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 6:00 A.M., on 08 -02 -2005, near Vijapura on NH -4 road, when the deceased was crossing the road and moving on the left side of the road, at that moment, the driver of the KSRTC Bus bearing Registration No.KA -17/F -575, came from Davanagere side, in a rash and negligent manner, at a high speed and dashed against the deceased. Due to the impact, the deceased sustained grievous injuries to his head, face and other parts of the body and wheel of the bus ran over the head of deceased, as a result of the same, he succumbed to the injuries on the spot.