UMA AND ORS. Vs. MAHANTESH CHALAWADI AND ORS.

JUDGEMENT

(1.) Though matter is listed for admission, on hearing learned counsel for the appellants, is taken up for final disposal.

(2.) Briefly stated, the claimants being the widow and parents of one Dattaji Rao claimed compensation of Rs. 20,00,000/ - on the death of Dattaji Rao in a road traffic accident occurred on 24.12.2012. Their case was, on the said date, the deceased was traveling in a KSRTC Bus bearing registration No. KA -28 -F -1834. While the Bus was proceeding on NH -234, Charmudighat, near Annappa Swamy temple, Charmudi Ghat, at about 9.30 p.m., the Bus was driven in a rash and negligent manner and hit against the another vehicle coming from opposite direction in a rash and negligent manner, the opposite vehicle fled away from the spot. Due to the impact, he sustained grievous injuries and died at Wenlock Hospital, Mangalore. The deceased was aged about 40 years, running grocery shop and earning a sum of Rs. 15,000/ - per month. He was the only earning member of the family. The claimants were entirely depending on his income.

(3.) Sri. A. Hanumanthappa, learned counsel for the appellants submits that the passengers protruding their neck outside the window for vomiting in ghat Sec. is not unusual. In such circumstances, the driver of the bus would not care to stop the bus to facilitate the passenger to throw out the vomit. However, he ought to have maintained the space between the vehicles, not maintaining the space, has resulted in opposite vehicle hitting the victim. The benefit of the social legislature of Motor Vehicles Act should not have been rejected to the claimants/dependents of the victim of the accident. The Tribunal has dismissed the petition relying on C report submitted by the IO in the criminal case. Since the accident occurred due to negligent driving of the KSRTC bus, the respondent alone is liable to pay compensation.