ROOPA N C Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This is a claimants appeal for enhancement of compensation, on the ground that compensation awarded by 19th Additional Small Cause Judge & Motor Accidents Claims Tribunal, Bengaluru in MVC No.3474/2014 in a sum of Rs. 17,99,000/- is on the lower side.

(2.) The parents and the wife of the deceased Sri Adarsh C.R. filed a claim petition seeking compensation of Rs. 3 Crores contending inter-alia that on 11.4.2014 at about 8.30 p.m. deceased Sri Adarsh was proceeding as a pedestrian on footpath near Kanaminike Colony, Mysuru Bengaluru road and at that time, a bus belonging to Bengaluru Metropolitan Transport Corporation (for short, 'Corporation') bearing registration No.KA-50-123 came in a rash and negligent manner and dashed against the deceased and as a result of injuries sustained, he died at the spot. It was further contended that deceased was a B.Com. graduate running business in "human resources services" under the name and style of 'Novell Solutions' and said business was run under partnership and he had a bright future. It was also contended that he was earning Rs. 1,00,000/- p.m. and paying income tax at the time of his death. Respondent - Corporation filed its written statement and denied the averments made in the petition and contended that deceased without observing traffic regulations had abruptly crossed the road and as such he exposed himself for the accident. Hence, it was contended that Corporation was not liable to pay any compensation.

(3.) On the basis of the pleadings of the parties, Tribunal framed issues and wife of the deceased entered the witness box as PW-1 and in all produced 27 documents and got them marked as Ex.P1 to P27.