SRI LAKSHMINARASAPPA AND OTHERS Vs. THE MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION, TUMKUR DIVISION, TUMKUR

JUDGEMENT

(1.) These two appeals respectively by the claimants and the Corporation are directed against the same judgment and award dated 12th March, 2015, passed in MVC No. 108 of 2014, by the Additional Senior Civil Judge and Motor Accident Claims Tribunal-XIII, Madhugiri (for short, 'Tribunal').

(2.) While the claimants have filed the appeal, seeking enhancement of compensation on the ground that compensation of Rs. 11,53,000.00 awarded by Tribunal on account of the death of the deceased Giriyamma is on the lower side and the Tribunal is justified in fixing the entire negligence on the part of the driver of the KSRTC Bus, the Corporation is in appeal for substantial reduction of compensation and also for fixing reasonable negligence on the part of the rider of the motorcycle also, by modifying the impugned judgment and award passed by Tribunal.

(3.) The facts of the case as stated in the claim petition are that, at about 3.30 p.m., on the ill-fated day, i.e. on 1-11-2013, when the deceased Giriyamma was proceeding as a pillion rider along with one Umesh on the motorbike Star City bearing Registration No. AP-02/N-2264 towards Pavagada on Madhugiri Pavagada Road, near the Bus shelter of A.R. Roppam on the said road, a KSRTC Bus bearing Registration No. KA-06/F-755 plying from the opposite direction from Pavagada, being driven at a high speed, in a rash and negligent manner, dashed against the motorbike in which the deceased was riding pillion. Due to the impact, the rider and also the deceased pillion rider sustained fatal injuries and succumbed to the same at the spot. The Pavagada Police registered a criminal case against the driver of the said KSRTC Bus.