LAWS(KAR)-2014-1-429

SHALINI, Vs. DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION

Decided On January 21, 2014
Shalini, Appellant
V/S
DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION Respondents

JUDGEMENT

(1.) THOUGH this appeal is posted for Admission, with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal.

(2.) THIS appeal by the claimants is directed against the judgment and award dated 23rd March 2011, passed in MVC No.519/2010, by the Presiding Officer, Fast Track Court -II, Member Additional Motor Accident Claims Tribunal, Mysore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,34,600/ - awarded in favour of the claimants as against their claim for Rs. 21,00,000/ -, is inadequate.

(3.) THE facts in brief are that, the claimants are the wife, minor daughter and father of the deceased Raju N. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 4:00 P.M, on 18 -05 -2010, when the deceased was proceeding on a Motor Bike bearing Registration No.KA - 45/H -1832 as pillion rider, towards basavanahalli on Madapura -Gaddige Road, near H.D. Kote cross at Chikkeriyuru village, at that time, a KSRTC Bus, being driven by its driver, in a rash and negligent manner from opposite direction and dashed against the Motor Bike. Due to the impact, both the rider and pillion rider fell down and sustained severe injuries. Immediately, the injured were shifted to Government Hospital at H.D. Kote. The deceased N. Raju, after taking first aid treatment was shifted to J.S.S. hospital at Mysore. He was admitted as in -patient and given treatment, but in spite of best treatment, he succumbed to the injuries on 20 -05 -2010 in the said Hospital.