LAWS(KAR)-2018-8-316

MANAGING DIRECTOR KSRTC, HEAD OFFICE Vs. BEBY

Decided On August 28, 2018
Managing Director Ksrtc, Head Office Appellant
V/S
Beby Respondents

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, this case is being decided at this stage itself.

(2.) The Karnataka State Road Transport Corporation ("the Corporation", for short) has challenged the legality of the award dated 09.08.2017, passed by the III Additional Senior Civil Judge and MACT, Bengaluru, whereby for the death of Govindaraju, the learned Tribunal has granted the claimant-respondents a compensation of Rs.16,58,000/- along with interest at 9% per annum from the date of filing of the petition till the date of realization.

(3.) In a short compass, the facts of the case are that on 13.11.2016, at bout 2:00 a.m., Govindaraju was riding his Tractor-Trailer in a slow and cautious manner on the Bangalore-Mysore Road. When he reached near Nayandahalli New Bridge, Nayandahalli, a Bus, belonging to the Corporation, bearing registration No.KA-09/F-4323, being driven rashly and negligently, came and dashed against the Tractor-Trailer. Due to the impact, Govindaraju sustained grievous injuries. He died on the spot. His widowed wife, his two children, and his mother filed a claim petition before the learned Tribunal. In order to substantiate their case, the claimant-respondent No.1 examined herself as P. W. 1, and submitted fourteen different documents. On the other hand, the Corporation examined a single witness, and submitted two documents. After appreciating the evidence, the learned Tribunal granted the compensation along with interest as mentioned hereinabove. Hence, this appeal by the Corporation before this court.