This appeal is preferred by the petitioners challenging the

judgment and award passed by learned MACT-XII, Vijayapur

(for

short

‘the

Tribunal)

in

MVC

No.309/2015

dated

06.04.2021. This appeal is founded on the premise of

inadequacy

of

compensation.

Hence,

appellants

seek

enhancement of compensation.

Though this appeal is listed for admission, with the

consent of learned counsel for both parties, it is taken up for

final disposal.

3.

For the sake of convenience, parties are referred to

as per their ranking before the Claims Tribunal.

4.

The brief facts of the case are as under:

That on 22.11.2014 at 6:30 p.m., near Shiraguppi

village, on Shiraguppi - Kagawad road, petitioner in MVC

No.201/2018 and 202/2018 and deceased Kashyap were

proceeding in KSRTC Bus No.KA-22/F-1889 from Vijayapur to

Belagavi. After Kagawad village, when the Bus was 02 K.Ms.,

away from Shiraguppi village, at that time, the driver of the

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Bus drove the Bus in rash and negligent manner and to avoid

the pot holes, took turn Lorry No.AP-07/Y-4579 and caused

accident. Petitioner towards wrong side and dashed to the

opposite side in MVC No.201/18, 202/18 sustained grievous

injuries and Kashyap sustained grievous injuries and died in the

accident. Due to untimely death of Kashyap the parents are

under shock and agony. Hence, they filed a claim petition

seeking compensation.

5.

After service of notice, respondent-Corporation

appeared before the tribunal through its counsel and filed

written statement denying the contents of claim made by the

claimants and sought for dismissal of the claim petition.

6.

On the basis of pleadings, the Tribunal framed

relevant issues for consideration.

7.

In order to substantiate the issues and to establish

their case, petitioner got examined themeselve as PWs.1 and 2

and got marked documents as Exs.P.1 to 15. On behalf of

respondent got examined RW.1 and no documents were

marked.

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8.

On the basis of material evidence both oral and

documentary and on hearing the submission of learned counsel

for both the parties, the tribunal awarded compensation of

Rs.50,000/- with 6% p.a. to the petitioners. Being aggrieved by

the meager compensation awarded by the Tribunal, the

petitioners are before this Court seeking enhancement.

9.

It is the vehement contention of learned counsel

appearing for the appellants-petitioners submits that the

compensation awarded by the Tribunal is extremely on lower

side and it is liable to be enhanced for the reason that the

Tribunal has not awarded just and reasonable compensation.

He further submits that the tribunal has observed that the

petitioners are entitled for compensation of Rs.3,00,000/-.

However, the tribunal has deducted Rs.2,50,000/- which was

given as interim compesation out of the Accident Relife Fund of

the Corporation, which cannot be taken into consideration in

view of the Circular issued by the Corporation No.937/2008

dated 26.08.2008. On this ground learned counsel seeks

indulgence of this Court to allow the appeal and consequently

enhance the compensation. In support of his arguments, he

placed reliance on the judgment of the Hon’ble Apex court in

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Kishan Gopal and another Vs.Lala and others reported in

2013 AIR SCW 5037. He vehemently contended that the

tribunal ought to have award at least 5,00,000/- with interest

at the rate of 9% p.a.

10.

Per contra, the learned counsel appearing for the

respondent-Corporatlion

vehemently

contends

that

the

Judgment and Award passed by the Tribunal is in accordance

with law and there is no scope of interference. However, he has

not disputed the circular issued by the Corporation. On these

grounds he seeks to dismiss the appeal preferred by the

appellants.

11.

Having

heard

the

learned

counsel

for

the

appellants-petitioners and learned counsel for respondent-

Corporation, the points that would arise for consideration

before this Court are:

a.

Whether the Tribunal has committed an error in

awarding meager compensation of Rs.50,00