THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION AND ORS. Vs. SANGEETA AND ORS.

JUDGEMENT

(1.) THE appeal in MFA No. 21291/2010 and MFA No. 21292/2010 are filed by the North -West Road Transport Corporation (hereinafter referred to as the 'Corporation' for brevity) challenging the judgment and award passed by the MACT, Athani, in MVC No. 1129/2006 and MVC No. 1440/2006, respectively, and the Cross Objections No. 749/2011 is filed by the claimants seeking enhancement of the compensation against the judgment and award passed in MVC No. 1129/2006.

(2.) THE facts in brief are that, on 21.4.2006 at about 7.30 p.m., the deceased Ramesh Salunke and Govind Mali were proceeding on a scooter bearing No. MVU/1780, towards Adahalli village to undertake the repair work of the tractor of the said Govind Mali. It is contended that the deceased was riding the said scooter following the traffic rules and Govind Mali was the pillion rider of the said scooter. When they reached near the spot of the accident i.e., near Halyal Circle on Athani Miraj Road, at that time the KSRTC bus bearing No. KA -28/F -960 came from backside, in a rash and negligent manner, with high speed, dashed to the scooter of the deceased and caused the accident. Due to the said impact, the rider and the pillion rider fell down and the back wheel of the bus ran over the head of the deceased and he sustained grievous injuries to the head and died on the spot. Based on these facts the widow and son along with parents of the deceased filed the claim petition before the Tribunal, seeking compensation of Rs. 15,00,000/ -, against which the Tribunal awarded the compensation of Rs. 4,20,000/ -. Being aggrieved by the same, the corporation is in appeal.

(3.) ON the contrary, the learned counsel for the claimants seeks for enhancement of the compensation and vehemently argued that the Tribunal has not considered the avocation of the deceased, who was trained tractor mechanic and expert in repairing motorcycles. The monthly income of the deceased was about Rs. 5,000/ -, besides the income that he was earning from the agricultural lands, which he was cultivating.