DIVISIONAL MANAGER Vs. MALLAMMA @ BOYA MALLAMMA

JUDGEMENT

(1.) Miscellaneous First Appeal No.100471 of 2018 is filed by the North West Karnataka Road Transport Corporation for reduction of the compensation awarded and Miscellaneous First Appeal No.102418 of 2018 is filed by the claimants i.e. the wife and children of the deceased-B. Krishna @ Siddapurada Krishna seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal-II, Ballari, on 3rd October 2017 in MVC No.1389 of 2016, awarding compensation of Rs. 11,82,000/- with 7% interest from the date of petition till the date of realization.

(2.) Brief facts of the case are that, the claimants being the wife and chi ldren of the deceased-B. Krishna @ Siddapurada Krishna, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 43,00,000/- with interest contending that on 05.02016 at about 9.45 pm, when B. Krishna was returning to his house by walk from his land by the left side of the road, near Ashok Nagar Camp, in front of Devaraj Tailor shop, Moka-Ballari road, the first respondent being the driver of the North East Karnataka Road Transport Corporation (henceforth for brevity, referred to as the 'NEKRTC') bus bearing registration No.KA-36/F-550 came from Ballari side in a high speed and in a rash and negligent manner and dashed against B. Kirshna. As a result, he sustained fatal injuries all over his body and on 06.02016 at 00 p.m., while undergoing treatment, he succumbed to the injuries at VIMS Hospital, Ballari. Postmortem was conducted and thereafter the dead body was handed over to the claimants.

(3.) It is further contended by the claimants that the deceased was hale and healthy and was aged about 30 years and by vending milk, he was earning Rs. 15,000/- per month and was also cultivating the agricultural lands on lease basis earning Rs. 3,40,000/- per annum and was maintaining his family. Due to untimely death of the deceased, the claimants being the wife and minor children of the deceased, lost the earning member of the family and also love and affection. Hence, they filed a claim petition for compensation as prayed for.