JUDGMENT :

H.T. Narendra Prasad, J.

This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) has been filed by the Karnataka State Road Transport Corporation (hereinafter referred to as ‘the Corporation) being aggrieved by the judgment dated 23.02.2017 passed by the Motor Accident Claims Tribunal, Chikkamagaluru.

2. Facts giving rise to the filing of the appeal briefly stated are that on 18.10.2014 at about 1-45 a.m. the deceased C.N.Amodh was driving a Maruthi Baleno, bearing registration No. KA/05MC-2216 and was proceeding to Channapatna from Hassan with his friends Likith R.Gowda, V.R.Varun, Vijay and Garuda. At that time, the first respondent being the driver of KSRTC bus bearing registration No.KA19/F-2816, drove the said bus in a rash and negligent manner, from Channapatna Bypass road and in order to go to Hassan new bus stand without taking U turn, turned the bus to right and dashed against the car being driven by the deceased. Due to the impact, car got completely damaged and the deceased C.N.Amodh and other inmates of the car Likith R.Gowda, V.R.Varun and Vijay died on the spot and another inmate viz., Garuda sustained grievous injuries. After the accident the first respondent ran away from the spot without informing the police about the accident, thereafter the dead bodies of the deceased were shifted to Hassan Institute of Medical Science for postmortem. After the postmortem the dead body was taken to Chikkamaglur in an ambulance by the claimants wherein the obsequies were done.

3. The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 21 years at the time of accident and was doing his final year DPharma Course, besides education he was doing auto dealings and was looking after the medical business of his father, thereby he was earning a sum of Rs.15,000/- p.m. The claimants being the parents of the deceased lost their tender and affectionate son. Hence, the claimants have filed this petition claiming compensation of Rs.25,00,000/-.

4. On service of summons, the respondent Nos.1 and 2 appeared through counsel and respondent No.2 filed written statement in which the averments made in the petition were denied. It was pleaded that the accident was due to the rash and negligent driving of the car by the deceased himself. It was further pleaded that the deceased had no driving licence to drive the car and inmates of the car had consumed alcohol as the liquor bottles were founding the said car, immediately after the accident the first respondent informed the jurisdictional police as well as the department about the accident. The driver of the bus lodged a complaint to the police, but they refused to register the case against the deceased as the relatives of the deceased have influenced the police, due to which the police have registered the case against the driver of the bus. However, on humanitarian consideration the Corporation paid a sum of Rs.15,000/to the relatives of the deceased. Hence, he sought for dismissal of the petition. The respondent No.1 adopted the written statement filed by the respondent No.2

5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimants, in order to prove their case, examined claimant No.1 – father of the deceased as PW1 and one of the inmates as PW2 and got marked 18 documents as Ex.P1 to Ex.18. On behalf of respondents, the driver of the bus was examined as RW1 as Nagaraj M.Naika and got exhibited 5 documents namely Ex.R1 to Ex.R.5. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the deceased sustained injuries and succumbed to the injuries. The Tribunal further held that the claimants are entitled to a compensation of Rs.16,65,000/- along with interest at the r