(1.) Though these matters are posted for orders, the same are taken up for final disposal with the consent of the learned counsel appearing for the parties. The appeals by the Corporation and the mother of deceased and Cross objection by the claimants are directed against the same judgment and award dated 30th June 2010, passed in MVC No. 660/2009, by the Additional Civil Judge (Sr. Dn) & CJM., Tumkur, (for short, 'Tribunal').
(2.) While the Corporation has filed M.F.A. No. 6742/2013 seeking to reduce the compensation on the ground that the compensation awarded by Tribunal is on the higher side and disproportionate to the income of the deceased, the mother of the deceased has filed M.F.A. No. 3570/2013, seeking apportionment in the compensation awarded on the ground that she is class I legal heir and claimants/cross objectors have filed the cross objection seeking enhancement of compensation, on the ground that the compensation of Rs. 28,87,860/- awarded by Tribunal is inadequate.
(3.) The facts in brief are that, the claimants/cross objectors are the wife and two minor daughters of deceased and appellant in M.F.A. No. 3570/2013 is the mother of the deceased, also claiming to be a claimant and entitled for apportionment in the compensation on the ground that she is a class I legal heir. The claimants filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, on the ill-fated day, at about 7:00 A.M., on 29-12-2008, when the deceased was proceeding to the College, Hirekerur-Madhihalli road, the driver of the KSRTC Bus, bearing Registration No. KA-25/F-1959 drove the said Bus in a rash and negligent manner and dashed against the bike in which the deceased was proceeding. The bus ran over the deceased, as a result of which, he sustained head injuries and succumbed to the injury on the spot.