THE MANAGING DIRECTOR, NWSRTC Vs. YALLAMMA

JUDGEMENT

(1.) This appeal by NWSRTC challenging judgment and award dated 02/07/2012 passed in MVC No. 361 of 2011 by the Motor Accident Claims Tribunal, Gadag granting compensation of Rs. 5,40,000/ - with 6% per annum from the date of petition till the date of payment to the claimant.

(2.) Facts of the case are that the respondent herein -claimant is the wife of the deceased and that on 22/11/2011 at 8.20 when her husband along with others were going to Betageri from Narasapur Ashraya Colony by walk, at that time, KSRTC bus bearing registration No. KA 26/F 835 being driven by its driver in a high speed and in a rash and negligent manner dashed against her husband Bojappa from behind as a result of which Bojappa sustained severe injuries and was immediately shifted to Government Hospital, Gadag and then to KIMS Hubli, who succumbed to the injuries on the same day. The claimant was dependant on the earnings of the deceased and due to sudden death of her husband, the claimant is thrown to street. The Gadag Traffic Police have registered a case against the driver of the bus in Cr. No. 30 of 2011 for the offences punishable under Ss. 279, 337 and 304 -A of the Indian Penal Code and claimed compensation from the owner and insurer of the offending bus.

(3.) On service of summons, respondent appeared through counsel. Respondent No. 1 filed written statement denying the entire averments made in the petition regarding age, income and occupation of the deceased and contended that the accident had not occurred because of the rash and negligent driving by the driver of the bus but instead it is the deceased himself due to his old age and ill health without controlling his body fell down in front of the bus which was in motion and that the respondents are not liable to pay the compensation claimed which is excessive and exorbitant and sought to dismiss the petition.