MFA No.102358/2020 has been filed by the legal

heirs of the deceased Smt. Vidyavati seeking for

enhancement of the compensation. MFA No.102191/2020

filed by the Managing Director, NWKSRTC, Hubballi,

seeking to challenge the liability as well as quantum of

compensation. These appeals have been filed being

aggrieved by the Judgment dated 06.03.2020 passed in

MVC No.1072/2018 by the VI Additional District Judge and

MACT, Belagavi.

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Brief facts giving rise to filing of these appeals

are the appellants/claimants have filed claim petition

under Section 166 of the Motor Vehicles Act, 1988

claiming compensation for the death of Smt. Vidyavati in a

road accident that took place on 23.07.2017. It is averred

that, deceased Smt. Vidyavati was traveling as a pillion

rider on a motorcycle bearing registration No.KA-49/S-

8603, which was ridden by her son i.e. appellant No.2

herein from their house towards Killa Durga Temple and

when they were proceeding, the driver of the bus bearing

registration No.KA-22/F-1405 owned by NWKSRTC came

behind in a rash and negligent manner and while trying to

over take the motorcycle, he dashed the motorcycle, the

pillion rider fell down on the road and left rear wheel of the

bus ran over on the head of the deceased and she

succumbed to the injuries. It is averred that, deceased

was a Food Grain dealer and agriculturist and getting

income of Rs.3,65,178/- per annum from her Food Grain

dealership and Rs.25,00,000/- from agricultural income

and the appellants being the husband and children of the

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deceased have lost love and affection and dependency

sought for compensation.

The respondent has entered appearance and

filed objections by denying the averments of the claim

petition. The respondents have denied the cause of death,

age, avocation and income of the deceased. It is averred

that, the driver of the bus was driving very slowly and the

rider of the motorcycle was in a high speed with two pillion

riders lost the cost and fell down on its right side towards

moving bus has caused injury. The rider of the motorcycle

was negligent and cause for the accident and there is no

negligence on the part of the driver of the bus. It is also

averred that, with an intention to help the appellants, the

police in collusion with the appellant have filed false case

and then charge-sheet against the driver of the bus and

they are not liable to pay any compensation sought for

dismissal of the claim petition.

The tribunal has framed the

issues and

recorded the evidence. The appellant No.1 examined

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himself as P.W.1 and another witness as P.W.2 and got

marked Ex.P.1 to Ex.P.34. The respondent have examined

one witness as R.W.1 and has not marked any exhibits.

The tribunal has awarded compensation Rs.13,01,443/-

with interest at the rate of 6% per annum from the date of

petition till realization. In the aforesaid factual matrix

these appeals have been filed by the claimants as well as

the NWKSRTC.

5.

Learned counsel Sri. Madan Mohan Khannur,

appearing for NWKSRTC submits that, the tribunal has

committed

error

in

fastening

the

liability

on

the

corporation as the accident has taken place due to the

rash and negligent driving of the motorbike by his rider,

he was riding along with two pillion riders. It is submitted

that, when the bus was moving on the right side of the

National Highway, the pillion rider of the Honda Activa fell

down in the rear wheel of the bus which was moving

slowly and the bus has ran over. The tribunal has

committed error in failing to appreciate that no visible

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damage is caused to the bus, but the Honda Activa has

damaged. These facts establishes that the rider of the bike

was negligent resulted in causing the accident and not by

the driver of the bus. It is further submitted that,

claimants are not dependent upon the deceased income

and the award of compensation on all heads including the

adding future prospects is contrary to the evidence on

record. He sought to allow