NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION Vs. MATADIPATHIAND SUCCESSOR TO CHIKKAMASKAL JANGAMA MUT

JUDGEMENT

(1.) SIDDALINGA Swamigalu of Chikkamaskalveera Shiva Mutt died in a motor vehicle accident occurred on 30. 3. 1993. The deceased Swamiji was travelling in a car bearing the registration no. MYC 2359. The bus belonging to the karnataka State Road Transport Corpn. (hereinafter referred to as 'k. S. R. T. C. ')bearing No. KA 34-F 41 coming in a rash and negligent manner hit against the car as a result the Swamiji succumbed to injuries. The parents of the deceased Swamiji along with the successor to Chikkamaskalveera shiva Mutt have jointly filed the claim petition seeking compensation.

(2.) THE Tribunal dismissed the claim of the parents correctly on the ground that after renouncing the mundane world there will be a civil death of the person entering monastic order. The deceased after becoming swamiji becomes member of the guruparampara and his links with natural family gets severed.

(3.) THE Tribunal has awarded compensation of Rs. 2,75,000 to petitioner No. 3, who is incumbent Swamiji of the Mutt. The K. S. R. T. C. is in appeal challenging the grant of compensation as excessive and also that the claim by the incumbent swamiji is not maintainable in law.