DIVISIONAL MANAGER Vs. SMT. LAXMAVVA

JUDGEMENT

(1.) These two appeals have been preferred by the appellant-North West Karnataka Road Transport Corporation (hereinafter referred to as 'the Corporation', for short) assailing the judgments and awards, dated 06.01.2015, passed by the First Additional Senior Civil Judge and CJM and Additional MACT, Dharwad, sitting at Navalgund (hereinafter referred to as 'the Tribunal', for short), in MVC Nos. 581/2013 and 580/2013.

(2.) Brief facts of the case are that, On 17.06.2013, at about 1.30 a.m., Ishappa and Kotrappa were traveling from Hallikeri to Karwar, in a car bearing registration No. KA-23/MC-0909. When the said car came near Talageri Kannigeri village of Yallapur Taluk, a KSRTC bus bearing registration No. KA-22/F- 1928 came behind the car, in a rash and negligent manner, and dashed against the said car. As a result of the said accident, said Ishappa and Kotrappa died on the spot. A criminal case in Crime No.166/2013 came to be registered in this regard. It is further contended that the deceased Ishappa was working as a waterman in Hallikeri Gram Panchayat and getting a salary of Rs. 3,484/- per month and he was also doing agricultural work and earning Rs. 5,000/- per month. It is further contended that the deceased Kotrappa was doing business of hotel and earning Rs. 6,000/- per month and he was also dong agricultural work and earning Rs. 10,000/- per month. Having lost the bread earners of the families, the dependants of both the deceased i.e., Ishappa and Kotrappa, filed claim petitions claiming compensation. In pursuance of the notice, respondent-Corporation appeared and filed its objections denying the contents of the claim petition and contending that at the time of the accident, the driver of the car stopped the car suddenly and, as a result of the same, the said KSRTC bus went and hit the car and the alleged accident took place due to the negligence of the driver of the car. On these grounds, respondent-Corporation prayed for dismissal of the claim petitions. On the basis of the above pleadings, the Tribunal framed the following issues for its consideration:In M.V.C. No. 581 of 2013

(3.) Assailing the said judgments and awards, the appellant-Corporation is before this Court.