LAKSHMI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The claimants being dissatisfied with the Judgment and award dated 28.02.2012 passed in M.V.C.No.1059/2011 on the file of the M.A.C.T.-IX, Bellary, have filed this appeal.

(2.) It is the case of the claimants before the Tribunal that one G.Jadesh, as a pillion rider and G.Buganna, as a rider of the Hero Honda motorcycle bearing registration No.KA-35/U-4803 were proceeding on 10.09.2010 at about 9.00 p.m. on NH-63, while they were so proceeding near Kuduthini darga, on Bellary-Hospet road, the driver of the KSRTC bus bearing registration No.KA-34/F-714 drove the same in a rash and negligent manner and dashed to the motorcycle from behind. Due to the impact, both the rider and pillion rider fell down. The pillion rider G.Jadesh succumbed to the injuries on the spot and the rider G.Buganna sustained injuries. He was hospitalized. The legal representatives of the deceased G.Jadesh filed M.V.C.No.1059/2011 claiming compensation against the driver and self insurer KSRTC, whereas the injured G.Buganna filed M.V.C.No.1058/2011 claiming compensation.

(3.) Both the claim petitions were heard together and disposed of by a common judgment.