RAJESWARI Vs. DIVISIONAL CONTROLLER BANGALORE TRANSPORT

JUDGEMENT

(1.) THIS is a claimants' appeal for enhancement of compensation being dissatisfied with the award of compensation in M. V. C. No. 1623 of 1987 dated 25. 1. 1990 on the file of the Motor Accidents Claims Tribunal, bangalore City.

(2.) THE brief facts are as follows: the wife, sons and mother of the deceased Nagabhushana presented petition under section 110-A of the Motor vehicles Act claiming the compensation of Rs. 27,90,728 on the ground that on 30. 5. 1987 at about 8. 40 p. m. while the deceased Nagabhushana was boarding the stationary bus bearing the registration no. MEF 370 on route No. 284 B from shivajinagar to Yelahanka the driver of the bus drove the vehicle with a jerk as a result, the deceased fell down, sustained multiple grievous injuries and succumbed to the said injuries at 10. 45 p. m. in the hospital. The deceased was working as an Assistant Executive Engineer in the Karnataka Electricity Board drawing a salary of Rs. 4,600 p. m. He had the prospects of becoming the Chief Engineer and also the head of the Karnataka Electricity Board. At the time of the accident, the deceased was aged 41 years.

(3.) THE respondent Bangalore Transport service (KSRTC) filed statement of objection resisting the claim petition, inte alia, contending as follows: the compensation claimed is high excessive and exorbitant. The responde no. 2 was driving the bus slowly. TI allegation that the bus was stationary at the time of the alleged accident is false. The deceased was responsible for the alleg accident, who tried to jump into the bus and fell down, as a result sustain injuries due to his own negligence and died and denied all the other avermer which are inconsistent with the objections statement and prayed to dismiss the petition.