MANAGING DIRECTOR Vs. LAVANYA

JUDGEMENT

(1.) The appeal in M.F.A.No.6775/2011 by the insurer and the appeal in M.F.A. No.5156/2011 by the owner of the offending vehicle i.e., KSRTC call in question the judgment and award dated 22.01.2011 made by the MACT, Bengaluru, allowing the claim petition in M.V.C.No.254/2009, whereby a compensation of Rs. 6,70,000/- with interest at the rate of 6% per annum, subject to a usual condition of bank deposit, has been awarded. The challenge by the insurer is on the ground of liability and challenge by the KSRTC is on the ground of quantum.

(2.) The brief fact matrix of the case is: On 22/11/2008 at around 6.30 p.m., one Mr. Aravind Kumar was riding his motor bike bearing Registration No.KA-02-HA-2987 with the pillion rider, Vasudevamurthy; the offending KSRTC bus bearing Registration No.KA-13-F-1697, coming from the opposite direction driven rashly and negligently caused a head-on collision with the said bike resulting in fatal injuries, to the unfortunate victims who later breathed their last.

(3.) The legal representatives of deceased Sri.Vasudevmurthy had filed the claim petition in M.V.C.No.254/2009 seeking compensation and the claim was resisted by both the insurer and the KSRTC by filing independent Written Statements.