The claimants have filed the present appeal for

enhancement of compensation, against the judgment

and award dated 21.01.2020 passed by the Principal

Senior Civil Judge and Motor Accidents Claims Tribunal,

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Madhugiri in MVC No.385/2018 awarding a total

compensation of Rs.10,11,000/- with interest @ 6% per

annum from the date of the petition till the date of

realisation.

The claimants, who are the wife and children

of the deceased Rangashamaiah, have filed the claim

petition under the provisions of Section 166 of the Motor

Vehicles Act seeking compensation of Rs.80,00,000/-

from the date of the petition till the date of realisation

contending that, on 27.07.2017, at about 7.45 p.m.,

when the deceased was proceeding towards Hosakere as

a pedestrian while returning from milk dairy on the left

side of the road and in front of the Milk dairy on

Madhugiri-Pavagada main road, a KSRTC bus bearing

registration No.KA-06-F-1026 driven by its driver in a

rash and negligent manner came from Pavagada side

and dashed against the deceased causing accident. Due

to the impact, the deceased sustained grievous injuries

and died on the spot. Post mortem was conducted at

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Government Hospital, Madhugiri. The claimants have

stated

that

they

have

spent

Rs.70,000/-

and

Rs.10,000/- towards funeral and conveyance expenses.

It is further contended that the deceased

Rangashamaiah was hale and healthy before the

accident and he was aged about 50 years at the time of

the accident; he was an agriculturist with the activities

of dairy farming having 8 hybrid cows and was rearing

80 sheeps; and he used to earn Rs.50,000/- per month

to maintain his family. It is also contended that due to

the death of the deceased, the claimants had suffered

shock and agony and they were entirely depending upon

the earnings of the deceased as he was the only bread

earning member of the family. Claimant no.1 being the

wife has lost her husband and claimant nos.2 to 5 are

the children have lost their father. Due to sudden death

of the father, they have lost the main source of income.

Therefore, they have filed the claim petition for

compensation as prayed for.

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After service of notice, the respondent

appeared through its Managing Director, KSRTC and

filed statement of objections. He denied the averments

made in the claim petition and also denied the age and

occupation of the deceased. It is contended that the

respondent is the owner and custodian of the offending

vehicle and the said accident occurred due to the rash

and negligent act of the driver of the lorry as the

offending vehicle was coming behind the lorry. It is

further contended that the respondent is falsely

implicated in the case and therefore, the KSRTC is not

liable to pay the compensation. It is also contended that

the claim of the compensation is exorbitant. Therefore,

he sought to dismiss the claim petition.

Based on the pleadings, the Tribunal framed

the following issues for consideration:

1. Whether the petitioners prove that, deceased

Rangashamaiah s/o Late. Dalappa died in the

road

traffic

accident

that

occurred

on

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27.07.2017 at 7-45 p.m., in front of Milk

Dairy,

Hosakere

village,

on

Madhugiri-

Pavagada main road, due to actionable rash

and negligent driving of KSRTC bus bearing

Reg.No.KA-06-F-1026

by

it's

driver

as

contended in the petition?

2. Whether the petitioners are entitled for

compensation? if so, to what amount?

6.

In order to substantiate their contention,

claimant no.1 got examined herself as PW.1 and got

examined one witness as PW.2 and got marked the

documents as Exs.P1 to P16. The respondent got

examined its driver as RW.1 but not chosen to produce

any documents.

7.

The Tribunal, after considering both oral and

documentary evidence on record, recorded a finding that

the

claimants

have

proved

that

the

deceased

Rangashamaiah died in a road traffic accident that

occurred on 27.07.2017 in front of Milk Dairy, Hosakere

Village on Madhugiri-Pavagada main road du