JUDGMENT :

Both the appeals are filed by the Karnataka State Road Transport Corporation (for short, ‘Corporation) under Section 173(1) of the Motor Vehicles Act challenging the judgment and award dated 18.12.2013 passed by the MACT, Tumkur in MVC Nos.590/2008 and 8267/2009, respectively. Since the challenge is to the same judgment, both the appeals are clubbed together, heard and common judgment is being passed.

2. Facts giving rise to the filing of the appeals briefly stated are that on 01.02.2008 at about 8.00 p.m. the deceased Rudrappa was proceeding on his moped near Nagenahalli gate, Bengaluru – Doddaballapura road. At that time, the BMTC bus bearing registration No.KA40/F92 came at a high speed and in a rash and negligent manner, dashed against the moped. As a result of the aforesaid accident, the deceased sustained grievous injuries and died at the spot.

3. The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 53 years at the time of accident, was working as a conductor and was earning Rs.11,955/- per month. The claimants