JUDGMENT

1. Being aggrieved by the judgment and award passed in MVC No.5/2015 dtd. 17/1/2018 by learned Senior Civil Judge & MACT, T.NARASIPURA, the insurance company has approached this Court in appeal in MFA No.2863/2018 and the petitioners have approached this Court in appeal in MFA No.5421/2018.

2. The parties would be referred to as per their ranking before the Tribunal.

3. The brief facts are as below:

That on 23/12/2013 at 12.00 p.m. near Lakshmi theater, Mysuru city the deceased Shivakumar and Raju were boarding the Ravindra bus bearing Reg.No.KA-19-A2499 to reach Metagalli. At that time the driver of the bus drove the same at high speed and in a rash or negligent manner, as a result deceased Shivakumar had fallen down from the bus and sustained grievous injuries and succumbed to the injuries at the spot itself.

4. The deceased was hale and healthy prior to the accident and he was a plumber and doing agriculture and earning Rs.15, 000.00 per month. Petitioner No.1 is the wife and petitioner No.2 & 3 are children and petitioner No.4 is mother of the deceased. It is alleged that the accident in question had taken place due to rash or negligent driving of respondent No.1/ driver