DIVISIONAL MANAGER Vs. VALIBASHA

JUDGEMENT

(1.) The N.E.K.S.R.T.C., Ballari Division, Ballari ('Corporation' for short) and claimants have filed the appeals in M.F.A.No.100011 of 2017 and M.F.A.No.103816 of 2016 respectively impugning the Judgment and Award dated 08.09.2016 passed in M.V.C.No.975 of 2015 by the Motor Accident Claims Tribunal-II, Ballari ('Tribunal' for short).

(2.) It is the case of the claimants before the Tribunal that 20.09.2015 at about 12.45 p.m., the one Boya Ramanjini @ Boya Ramanji along with one Madhu @ Madappa were going to Ballari for having meals on motorcycle bearing registration No.KA-34/R-6740 and Boya Ramanjini @ Boya Ramanji was riding the said motorcycle, while he was turning motorcycle towards Ballary from Thirmala Nagar, B-Camp a K.S.R.T.C. bus bearing registration No.KA-34/F-890 driven by the 1st respondent came from behind in a great speed and in a rash and negligent manner and dashed to the motorcycle, due to the impact the said Boya Ramanjini @ Boya Ramanji fell down on the road and sustained grievous injuries, later he succumbed to the injuries. Claimant No.1 is the wife and Claimant Nos.2 and 3 are the children and Claimant No.4 is the mother of the deceased, who filed the claim petition against the driver of the bus and Corporation claiming compensation of Rs.43,50,000/-.

(3.) In pursuance of notice, respondent No.1 remained absent and he was placed ex-parte. Respondent No.2 the Corporation appeared through its counsel and filed written statement before the Tribunal denying the averments made in the claim petition. It has denied that the accident occurred due to the rash and negligent driving of the driver of Bus and contended that it was due to the rash and negligent driving of the motorcycle by the deceased himself. Therefore, the owner and the Insurer of the motorcycle are the necessary parties to the petition. Respondent No.2 has also denied the age, income and occupation of the deceased. On this ground, respondent No.2 sought for dismissal of the petition.