ORIENTAL INSURANCE COMPANY LIMITED Vs. K DEVARAJU

JUDGEMENT

(1.) Mfa No. 3547/2014 has been preferred by the appellant-insurer and MFA No. 2785/2014 has been preferred by the appellants-claimants being aggrieved by the judgment and award passed by the VI Additional Judge and MACT, Bengaluru City (SCCH- 2) in MVC No. 5256/2011 dated 3. 2. 2014.

(2.) Heard. Though the appeals are listed for hearing the Interlocutory Application, with the consent of the learned counsel appearing for the parties, the matters are taken up for final disposal.

(3.) The brief facts of the case as averred in the petition are that on 10. 5. 2011 one M. D. Nagarjuna was proceeding in KSRTC bus bearing Registration No. KA. 42/F. 193 from Bengaluru towards Kanakapura. When the bus reached Harohalli Tank bund turning, Harohalli, at about 4. 00 p. m. the driver of the bus drove the bus in a rash and negligent manner with high speed and suddenly applied the break. Due to the jerk, back door of the over crowded bus got opened and Nagarjuna was thrown out from the bus, fell down and sustained injuries. Immediately, he was shifted to Sri Sai Ram Hospital and later on he was shifted to Kanaka Nursing Home, Kanakapura, wherein he succumbed to the injuries on 15. 7. 2011.