DIVISIONAL CONTROLLER KSRTC Vs. CHANDBEE

JUDGEMENT

(1.) The appeal is filed by the Insurer and the cross-objection is filed by the claimants against the judgment and award dated 11th November, 2019, passed by the Addl. MACT and Fast Track Court-I, Koppal (for short "the Tribunal") in MVC No.813/2008, whereby the Tribunal has awarded compensation of Rs.6,01,000/- along with interest at the rate of 8% p.a. from the date of petition till the date of deposit.

(2.) For the purpose of convenience, the parties would be referred to as per their ranking before the tribunal.

(3.) Brief facts of the case are that, on 11.05.2007 by 3.00 am, deceased Moulasab and others were going by walk on NH-13 from Alamatti towards Bijapur. When they were walking by side of the road near Anjana petrol pump, at that time, KSRTC bus bearing No.KA-36/F-517 came from opposite direction in high speed and in a rash and negligent manner and dashed to Moulasab, who died on the spot. The claimants are the wife, parents and children of the deceased. They filed a claim petition in MVC No.813/2008 before the MACT, Koppal To establish their case, the first claimant was examined himself as PW2 and marked 17 documents. On the other hand, the Insurance Company examined one witness but did not produce any document. On appreciation of the oral and documentary evidence, the Tribunal has granted compensation of Rs.6,01,000/- with interest at 8% p.a. Being aggrieved by the same, the Corporation has filed the appeal on the ground of negligence, whereas the claimants have filed cross-objection for enhancement of compensation.