MANAGING DIRECTOR NWKRTC HUBLI Vs. B MANJULA

JUDGEMENT

(1.) THE Karnataka State Road Transport corporation, for short KSRTC has preferred this appeal calling in question the judgment and award dated 2-9-2005 in MVC No. 348/93 on the file of the Addl. Civil Judge (Sr. Dn.) and MACT, Tumkur, for short the 'mact.

(2.) THE respondents 1 to 3 claiming to be the widow and children of one G. Muniraju, who succumbed to the grievous injuries in an accident that occurred on 16-10-1992 at 11. 30 p. m. due to the rash and negligent driving of the bus bearing registration No. KA 31 F74, instituted a claim petition invoking Section 166 of the Motor Vehicles Act, 1988, for short act, for Rs. 4,50,000/-, as compensation. The KSTRC, arraigned as respondent No. 1 in the petition opposed the claim by filing statement of objections, interalia denying the accident and injuries to the deceased. In addition, it contended that the claimants were not the legal representatives of the deceased Muniraju. In the premise of the pleadings of the parties, the MACT framed issues, recorded the evidence of six witnesses for the claimants as PWs 1 to 6, marked 17 documents as Exs. P1 to P17 and for the respondents, the evidence of driver RW1 and marked four documents as Exs. R1 to R4. The MACT having regard to the material on record and appreciating the evidence both oral and documentary, recorded a finding that the driver of the vehicle was negligent and that the claimants were the legal heirs of deceased Muniraju and awarded Rs. 2,13,016/- with interest at 6% p. a. from the date of petition, as compensation, by the impugned judgment and award.

(3.) LEARNED Counsel for the appellant advances the following two contentions :