NWKRTC ATHANI DEPOT Vs. BHIBA

JUDGEMENT

(1.) The NWKRTC (hereinafter referred to as 'Corporation' for short) being aggrieved by the judgment and award dated 24.4.2015 passed in MVC No.604/2014 by the XI Addl. District & Sessions Judge, Belagavi, has filed this appeal.

(2.) It is the case of the claimant before the Tribunal that petitioner No.1 is the wife and petitioner Nos.2 to 5 are the children of the deceased Maruti. On 31.12.2013 at about 6.30 p.m. the deceased Maruti was proceeding on his motor cycle near Maragundi Village limits on Maragundi Bridge, on Athani-Kagawad main road, at that time, the driver of KSRTC Bus bearing registration No.KA-29/F-1070 drove the same in a rash and negligent manner, lost control over the bus and dashed against the motor cycle. The deceased sustained severe injuries thus succumbed to the injuries on the spot. The deceased was hale and healthy and was aged about 45 years. He was an agriculturalist and was growing commercial crops in his land and was getting annual income of Rs.2,00,000/-. He was also serving with one Shri.Nandish Kumbar of Athani and was getting monthly salary of Rs.8,000/-. Petitioners were the dependents on the income of the deceased. Due to untimely death of the deceased, petitioners have not only lost their dependency, but also lost love and affection towards them. Accident occurred due to rash and negligent driving of KSRTC bus by its driver. Therefore, respondent-Corporation is liable to pay compensation claimed by them at Rs.25,00,000/-.

(3.) In response to the notice, respondent- Corporation appeared through its counsel and filed written statement. The respondent-Corporation has denied the averment made in the claim petition and specifically contended that, accident occurred due to the rash and negligent riding of the motorcycle by the deceased and not due to the rash and negligent driving of the bus. They have denied the age, occupation and income of the deceased and sought for dismissal of the claim petition.