M.N. LATHA MANI Vs. B.R. PRADEEP

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel on both sides, it is heard finally.

(2.) The top noted appeal is filed by the claimants challenging the dismissal of the claim petition against respondent No. 2 and also being aggrieved by the quantum of compensation determined by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7) (for short 'the Tribunal').

(3.) The appellants are widow, two minor children and mother of the deceased namely, R. Mahadeva. The case of the claimants before the Tribunal is that the deceased Mahadeva was working as Senior Assistant-Billing in S-3 Level at Vardhaman Yarns and Threads Limited and thereafter, he joined as a Travel Manager at Jatin Tours and Travels and was drawing a salary of Rs. 20,000/- p.m. On 17.10.2013, the deceased Mahadeva was sleeping along with other tourists in the open field at Akkanagalambika Temple, Kudalasangama. Since he was not able to secure a boarding place, the deceased Mahadeva and other tourist were compelled to take rest in the open field. At about 12.30 a.m. in the morning, the driver of the offending bus bearing Reg. No. KA-44-1998 owned by respondent No. 1 took the bus in a reverse direction in a rash and negligent manner and while doing so, he was reckless and without taking assistance of a conductor or a cleaner, ran over the deceased and another tourist by name, Anil Kumar. The deceased suffered multiple grievous injuries and succumbed to the fatal injuries on the spot.