DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION Vs. NEELAVATI SIDRAM ALIAS SIDDAPPA KALASHETTI AND OTHERS

JUDGEMENT

(1.) Since, the appeal as well as the cross-objection are in respect of the same accident and since common questions of law and facts are involved in both the matters, they were taken up together and disposed of by a common judgment.

(2.) Mfa No. 102882/2014 is preferred by the NWKRTC, Belagavi challenging the judgment and award passed by the Tribunal on the ground that it is on the higher side. In MFA Crob. No. 100185/2015 the claimants also preferred their claim, seeking enhancement of the compensation amount awarded by the Tribunal on the ground that it is on the lower side.

(3.) The brief facts leading to this case before the Tribunal are that, the cross-objector Nos. 1 to 4, who are the wife, children and father of the deceased-Sidram filed a claim petition before the Addl. MACT, Belagavi, alleging that on 13-8-2012 when the deceased Sidram was travelling in KSRTC bus from Miraj to Mysore bearing No. KA-09/F-4390 the bus broke down near Bettadalli of Chikkamagalur District. The deceased was waiting for another bus and at that time, NWKRTC bus bearing No. KA-42/F-400 came in a rash and negligent manner and dashed the KSRTC bus from behind and as a result, the KSRTC bus moved further and dashed to the deceased, and as a result, he sustained grievous injuries and succumbed to the injury on the spot. It is the case of cross-objectors that the deceased was working in a factory and earning Rs. 7,878/- per month as salary and also by doing the cloth business he was earning Rs. 10,000/- per month. Hence, they sought for compensation of Rs. 25,00,000/-. The NWKRTC appeared in the matter and denied the averments made in the petition with regard to age, occupation and income of the deceased.