MANAGING DIRECTOR, K S R T C , K HANUMANTHAIAH DOUBLE ROAD Vs. K SHIVARAJ

JUDGEMENT

(1.) THIS appeal by the Corporation is directed against the judgment and award dated 8th November 2013, passed in MVC No.199/2009, by the IV Additional District Judge & Motor Accident Claims Tribunal, Mysore, (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 30,17,600/ - with 7.5% interest per annum, awarded in favour of the claimants as against their claim for Rs. 57,83,000/ -, is excessive, exorbitant and on the higher side.

(2.) THE facts in brief are that the respondent No.1 is the deceased husband, respondent Nos.2 and 3 are the minor children of the deceased Pankaja D, who died in the road traffic accident. The respondents 1 to 3 filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, the deceased met with a road traffic accident, at about 1:35 A.M, on 13 -10 -2008, when she was travelling from Bangalore to Chennai in KSRTC Volvo Bus bearing Registration No.KA -01/F - 7383, near Mulabagilu Main Road, Mulabagilu Taluk, on account of rash and negligent driving by the driver of another KSRTC Bus bearing Registration No.KA -07/F - 1177, which came from opposite direction from Tirupati side. Due to the impact, the deceased Pankaja D. sustained grievous injuries and was immediately shifted to R.L. Jalappa Hospital, Kolar inan unconscious condition. But, unfortunately, she succumbed to the accidental injuries on the way to the Hospital.

(3.) ON account of the death of the deceased, the claimants/respondents 1 to 3 filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 57,83,000/ - against the appellant/Corporation and the Insurer. The said claim petition had come up for consideration before the Tribunal on 8th November, 2013. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 30,17,600/ - under different heads, with 7.5% interest per annum, from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by the Tribunal, the Corporation is in appeal before this Court, seeking reduction of compensation.