MANAGING DIRECTOR, KSRTC Vs. BHAGYA M D,

JUDGEMENT

(1.) THESE two appeals respectively by the Corporation and the claimants are directed against the same judgment and award dated 7th December 2010, passed in MVC No.1587/2009, by the Presiding Officer and Additional Motor Accident Claims Tribunal, Fast Track Court, Hassan, (for short, 'Tribunal').

(2.) WHILE the Corporation has filed the appeal seeking to reduce the compensation, on the ground that compensation awarded by Tribunal is exorbitant, excessive and on the higher side; claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation awarded by Tribunal in their favour is inadequate and needs to be enhanced;

(3.) THE facts in brief are that, the claimant No.1 is the wife, claimant Nos.2 and 3 are the children and claimant No.4 is the mother of deceased, Nagaraj. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 1:30 A.M, on 12/13 -10 -2008, when the deceased Nagaraj was travelling in KSRTC Volvo Bus bearing Registration No.KA -01/F -7383 to go to Chennai, near Mallappanhally gate on Kolar, Mulubagilu road, on NH - 4, it met with an accident, on account of rash and negligent driving by the driver of another KSRTC Bus bearing Registration No.KA -07/F -1177. Due to the impact, deceased Nagaraj sustained grievous injuries and died in the Hospital.