H B KRISHNA NAIK Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THESE two appeals respectively by the Claimants and the Corporation are directed against the same judgment and award dated 3rd December 2014, passed in MVC No. 3360/2013, by the II Additional Small Causes Judge and XXVIII ACMM, Motor Accident Claims Tribunal, Bengaluru (SCCH -13), (for short, 'Tribunal' ).

(2.) WHILE the claimants have filed the appeal seeking enhancement of compensation on the ground that the compensation of Rs. 18,84,808/ - awarded by Tribunal is inadequate and requires to be re -determined; .the Corporation has filed the appeal for substantial reduction of compensation on the ground that, the compensation of Rs. 18,84,808/ - with 6% interest per annum, awarded in favour of the claimants is excessive, exorbitant and on the higher side.

(3.) THE facts in brief are that, the claimants are the parents of the deceased Lumina K. Naik @ Lumina Naik. They filed the claim petition under Section 166 of the Motor Vehicles Act, seeking compensation of Rs. 50.00 lakhs, contending that, at about 12:45 P.M, on 10 -12 -2012, when the deceased Lumina Naik was proceeding as a pillion rider on motor cycle bearing Registration No.KA -41/K -8704 in front of Rajarajeshwari Arch, Mysore Road, Bengaluru, at that time, the KSRTC Bus bearing Registration No.KA -11/F -148, being driven by its driver, in a rash and negligent manner, dashed against the motor cycle on account of which, the deceased sustained grievous injuries. Immediately, she was shifted to BGS Hospital and thereafter shifted to Commando Hospital, but in spite of best treatment, unfortunately, she succumbed to the injuries.