ANDHRA PRADESH STATE ROAD Vs. MUNIYAMMA

JUDGEMENT

(1.) These appeals are filed challenging the legality and correctness of the common judgment and award dated 13/8/2010 made in MVC No.3630/2008 and MVC No.3629/2008 by the XIII Addl. Small Cause Judge, Member, MACT, Court of Small Causes, Bangalore. Hence, above appeals are clubbed together and disposed of by this common judgment.

(2.) In MVC No.3630/2008, the Legal representatives of the deceased Akkallappa and the claimant namely Anjanappa in MVC No. 3629/2008 filed claim petitions seeking compensation on account of the accident that occurred on 30.3.2008. It is their further case that claimant in MVC No.3629/2008 was proceeding on a Motor Cycle bearing No. KA 03 EK 3372 along with his uncle deceased Akkallappa as pillion rider towards Kolar. When they reached near Kajikallanahalli on N.H.-4, an APSRTC bus bearing registration No. AP-11-Z-4098 which was proceeding from Kolar to Bangalore driven by its driver came in a rash and negligent manner, dashed against the Motor cycle, as a result of which, rider as well as the pillion rider fell down and sustained grievous injuries all over the body. Immediately after the accident pillion rider was shifted to the hospital. However, during the course of treatment Akkallappa - pillion rider succumbed to the injuries; whereas the claimant in MVC No.3629/2008 sustained grievous injuries. Initially he was shifted to SNR hospital and thereafter he was referred to R.L. Jalappa hospital. He was taken treatment from 30.3.2008 to 7.4.2008 as inpatient. He has also taken treatment in NIMHANS, hospital, Bangalore. He spent a huge money for the treatment.

(3.) In MVC No.3630/2008, the legal representatives of the deceased contended that at the time of death the deceased was aged about 55 years and working as a mason, earning Rs.6000/- p.m. In view of his death, the family has lost the bread earner of the family. Hence, sought for compensation of Rs.10,00,000/-.