SHAIK AFSAR PASHA Vs. MANAGING DIRECTOR, BMTC

JUDGEMENT

(1.) Both these appeals arise out of the judgment and award dtd. 19/2/2020, passed by the XVIII Additional Judge, Court of Small Causes, Bengaluru and MACT, (for short 'Tribunal'), in MVC No.2114/2019. The claimants filed MFA No.1117/2021 seeking enhancement of compensation and the respondent-corporation filed MFA No.409/2021 challenging the said award on the ground that death was not due to the negligence of the driver of the BMTC bus. Both the appeals arise out of a common judgment. Therefore, both the appeals are taken up together for final disposal.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

(3.) Brief facts of the case are that, on 15/3/2019 at about 6.45 p.m., the deceased was riding a two wheeler bearing No.KA-03-JF-9480 from Mekhri circle towards Hebbal by observing traffic rules. At that time, the BMTC bus bearing reg.No.KA-01-F-4834 came in rash and negligent manner and dashed against the two wheeler. As a result deceased fell down and sustained injuries to his head. Immediately he was shifted to Baptist Hospital, but the doctors in the said hospital informed that he was brought dead. With these reasons, they prayed to award compensation of Rs.25,00,000.00.