JAYASHRI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Mfa No.102508/2015 is filed by the claimants i .e. , wife, children and mother of the deceased for enhancement of the compensation and MFA No.102215/2014 is filed by the Managing Director, NWKRTC, for reduction of the compensation, against the judgment and award dated 30.5.2014 made in MVC No.1058/2013 on the file of the Senior Civil Judge and Addl . MACT, Chikkodi , awarding a total compensation of Rs. 11,56,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization.

(2.) It is the case of the claimants that on 9.4.2013 at about 11.00 a.m., on Nipani-Chikodi road, the deceased Dattatray Anna Yadav was proceeding on his motorcycle bearing registration No.MH-09/AK-4903 and when he reached near Indira Nagar, Chikodi, at that time the driver of the KSRTC bus bearing registration No.KA-22/ F-1811 drove the said bus in a rash and negligent manner and dashed against the deceased and his motorcycle from hind side. Due to the said impact of said incident, the rider of the motorcycle died on the spot. Postmortem was conducted at Government Hospital, Chikodi and thereafter dead body was handed over to the claimants.

(3.) It is the further case of the claimants that the deceased was hale and healthy, aged about 30 years at the time of accident and was doing agriculture and milk vending business and was earning Rs. 20,000/- per month. He was the only male earning member in his family to maintain the entire family and the whole family depends upon the income of the deceased. On account of his sudden death, the claimants who are his wife, children and mother are suf fering mentally and financially. Therefore they have filed the claim petition claiming compensation of thirty lakh rupees. It was further contended that due to the rash and negligent act on the part of the driver of the bus, the accident has occurred. Hence the respondents No.1 and 2 being the Managing Director and Deputy General Manager, respectively, both are liable to pay the compensation.