JUDGEMENT
RAMACHANDRA MENON, J. -
(1.) The Managing Director of the Karnataka State Road Transport
Corporation is the appellant in MACA No.52 of 2016. The challenge is
against the Award passed by the concerned Tribunal in granting
exorbitant amounts as compensation in a claim petition filed under
Section 163A of the Motor Vehicles Act (Act in short), without any
regard to the specific parameters in awarding compensation under the
said provision with reference to Schedule II of the said 'Act'.
(2.) The sequence of events necessary for the adjudication of this case, as revealed from the proceedings, is that the deceased,
aged 55 years, was driving the jeep bearing registration No. KL 57 C
(3.) along the Bangalore -Madikkeri road on 14.04.2012. When he reached the place of occurrence, there occurred a collision between
the bus bearing registration No. KA 40 F 487 owned by the
appellant Corporation, driven by the fourth respondent herein,
causing fatal injuries to the driver of the jeep, who ultimately
succumbed to the injuries. This led to claim petition preferred by
the legal heirs before the Tribunal under Section 163A of the Act,
claiming compensation from the respondents therein.
3. The driver of the bus did not choose to contest the matter and was set ex parte, as per order dated 27.07.2015. The
appellant filed a detailed written statement pointing out that there
was no negligence on the part of the driver of the bus; that though
the driver of the bus had tried to avoid the accident, it happened
because of the negligence solely on the part of the deceased, as
the jeep had dashed against the KSRTC bus which was stationed on
the side of the road. It was also pointed out that the deceased
was charge sheeted by the police. There was dispute with regard
to the occupation, income and such other aspects as well.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.