K.P. BALASUBRAHMANYA Vs. MALLIKARJUNA AND OTHERS

JUDGEMENT

(1.) MFA No. 9654/2010 is filed by the claimants seeking enhancement of compensation awarded by the Tribunal.

(2.) AS there is no dispute regarding death of deceased K.B. Abhishek in the road traffic accident that occurred on 5 -7 -2003 while he was proceeding on his motor cycle bearing registration No. KA -05 -EM -5180 due to rash and negligent driving of the BMTC bus bearing registration No. KA -01 -AA -1213 by its driver, only points that arise for our consideration in the appeals are: Whether the Tribunal is justified in fastening liability on the insurer of the offending bus?

(3.) ALTERNATIVELY he submits, quantum of compensation awarded is on the higher side, and therefore, he prays for allowing the appeal filed by the Insurance Co. and dismissing the appeal filed by the claimants.