SHIVAMMA, W/O. LATE M. CHANDRASHEKARA, VARADHARAJU C., S/O. LATE M. CHANDRASHEKARA AND LAKSHMI, D/O. LATE M. CHANDRASHEKARA Vs. THE MANAGING DIRECTOR, BMTC

JUDGEMENT

(1.) THE appeal and the Cross objection are arising out of the same judgment and award dated 25.08.2005 passed in M.V.C. No. 2127/03 on the file of the Member, Motor Accident Claims Tribunal, Bangalore, (Tribunal' for brevity).

(2.) M .F.A. No. 1974/06 is by the Appellant - Corporation on the ground that the compensation of Rs.4,14,560/ - awarded by the Tribunal with interest at 7% per annum from the date of petition till the date of realisation, is on the higher side and it is liable to be reduced and fixing of contributory negligence at 20% on the deceased and 80% on the driver of bus belonging to the Appellant - Corporation, is also not justifiable and the same is required to be modified, whereas the claimants/cross objectors in MFA. Crob. No. 294/06 are dissatisfied with the said quantum of compensation and are seeking enhancement.

(3.) THE Tribunal, after hearing the learned Counsel on both sides and after considering the oral and documentary evidence available on record, allowed the claim petition in part and awarded compensation of Rs. 4,14,560/ - with interest at 7% per annum from the date of petition till the date of deposit, by fixing the contributory negligence of 20% on the deceased person and 80% on the driver of the bus belonging to the Respondent -Corporation.