JAYAMMA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Mfa No.5152/2014 is instituted by the Claimants in MVC No.3269/2013 aggrieved by the quantum of compensation by Judgment and Award dated 10.01.2014 of the Motor Accident Claims Tribunal, Bangalore [SCCH-16], [for short 'MACT'], while MFA No.2170/2014 is instituted by the Managing Director, Bangalore Metropolitan Transmission Corporation [for short 'BMTC'], owner of the offending bus, calling in question the finding attributing actionable negligence as well as the quantum of compensation.

(2.) In the accident that occurred on 21.02.2013 at about 7.45 p.m. one Lakshmana aged 42 while riding his motor cycle bearing registration No.KA-52-J-5450 from Vaderahalli towards his village on Makali Huskur Road and when he reached Kodipalya Cross, it was alleged that the bus belonging to the respondent-BMTC bearing registration No.KA-01-FA-566 driven in a rash and negligent manner and at a high speed dashed against the motor cycle causing grievous injuries and succumbed to the same at Harsha Hospital where he was shifted for treatment.

(3.) On the aforesaid facts, the widow, along with an unmarried daughter aged 19; a minor son aged 16 and father aged 70 of the deceased, filed claim petition under Section 166 of the Motor Vehicles Act, 1988 [for short 'Act'] for Rs. 15 lakhs as compensation.