MANAGING DIRECTOR, K.S.R.T.C (KARNATAKA) Vs. SULAIKHA
LAWS(KER)-2016-4-83
HIGH COURT OF KERALA
Decided on April 01,2016

Managing Director, K.S.R.T.C (Karnataka) Appellant
VERSUS
Sulaikha Respondents

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.;


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