DIVISIONAL CONTROLLER Vs. KALLAPPA @ KALMESH

JUDGEMENT

(1.) THE appellant has challenged the finding on negligence and the quantum of compensation granted to the legal representatives of deceased Suresh and the injured Kallappa in the accident said to have occurred due to the rash and negligent driving of bus bearing registration No. KA -25/F -3412 by its driver. The facts reveal that on 26.01.2012 injured Kallappa the claimant in MVC No. 278/2012 along with Suresh (the deceased) pillion rider was riding the motorcycle bearing registration No. KA -28/Q -101 on Kolhar Uppaldinni road. At that time the bus bearing registration No. KA.25/F -2512 owned by the appellant came from the opposite direction driven in a rash and negligent manner, hit the motorcycle. Thereby Suresh pillion rider sustained grievous injuries and died on the spot, whereas Kallappa sustained grievous injuries and he was lifted to the hospital for treatment. He suffered disability. In the circumstances, the legal representatives of deceased Suresh i.e., his wife, children and parents made a claim for compensation towards loss of dependency and other conventional heads. The injured claimant claimed compensation for pain, suffering, mental agony, medical expenses etc.

(2.) BOTH the claim petitions were clubbed and common evidence was permitted. PWs 1 to 4 were examined on behalf of the claimants. In their evidence Ex.P -1 to P -10 were marked. On behalf of appellant RW 1 was examined.

(3.) THOUGH these matters are posted in the list of hearing on interlocutory application, with the consent of both the counsel, they are taken up for final disposal.