- (1.) These two appeals respectively by the claimants and the Insurer are directed against the same judgment and award dated 24th May 2010 passed in M.V.C. No.7183/2008, by the XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore, (for short, 'Tribunal').
(2.) While the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation awarded by Tribunal in their favour on account of the untimely death of the deceased K.M. Balaji in the road traffic accident is inadequate and requires enhancement; the Insurer has filed the appeal seeking to set aside the liability fastened on it, on the ground that the Bus belonging to the Corporation and insured with them is not involved in the accident and that the said Bus has been falsely implicated in the case only to seek compensation.
(3.) The facts in brief are that, the claimant No.1 is the wife and claimant Nos.2 and 3 are the parents of the deceased, K.M. Balaji. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 9:15 A.M, on 21-12-2007, when the deceased K.M. Balaji was proceeding on his Motor Cycle bearing Registration No.KA-03/EQ-9699, along left side of Varthur Main Road, towards HAL, near HAL Borewell, the alleged BMTC Bus bearing Registration No.KA-01/F- 2079, route No.333, being driven by its driver in a rash and negligent manner, came at a high speed and dashed against the deceased. Due to the impact, the deceased was thrown out on the road and the Bus ran over his head and consequently, he died at the spot.;