DIVISIONAL CONTROLLER KSRTC KOLAR DIVISION Vs. CHIKKAMUNIYAMMA W/O RAMAKRISHNAPPA AND CHIKKANNACHARI DRIVER

JUDGEMENT

(1.) THE appellant -State Road Transport Corporation is before this Court challenging the judgment and award dated 2.5.2005 made in MVC No. 294/1999 on the file of the Civil Judge (Senior Division) and Motor Accident Claims Tribunal at Kolar.

(2.) THE brief facts leading to the filing of the appeal may be stated as under: The respondent No. 1/claimant on 9.6.1999 was going on a motor cycle bearing No. KA04 -E -6673 driven by her son Venkatesh along with her daughter -in -law and two kids. At about 10.30 AM when the motor cycle was coming near Visweswaraiah Circle at Industrial Area. KSRTC bus bearing No. KA28 -F -194 overtook a lorry and came on the wrong side of the road and dashed against the motor cycle as a result of which respondent No. 1/claimant, namely the mother of the rider of the motor cycle fell down and sustained grievous injuries. She was admitted to the hospital for treatment. Chowdamma the wife of the rider of the motor cycle lodged a complaint with Malur police. The police registered a case for the offences under Sections 279 and 337 of IPC. charge sheet was filed in CC No. 340/1999 against the driver of the KSRTC bus. The claimant got her examined as PW1, PW2 is the medical officer. In rebuttal the driver of the KSRTC bus was examined as RW1. The driver of KSRTC Bus was acquitted in the criminal case and copy of the judgment dated 3.3.2000 made in CC No. 340/1999 was got marked as Ex.R1. The Tribunal after hearing arguments and perusing the material placed on record came to a conclusion that the accident occurred solely due to the rash and negligent driving of the bus by its driver and answered point No. 1 in favour of the claimant. The Tribunal has awarded global compensation of Rs. 3,40,000/ - with interest at 6% p.a.. The appellant/Transport Corporation is before this Court challenging the impugned judgment and award.

(3.) LEARNED Counsel for respondent No. 1/claimant submits that no doubt at the time of the accident, the rider of the motor cycle was taking four other persons, namely his wife, mother and two kids. But, the accident occurred solely due to the rash and negligent driving of the bus by its driver. He submits the driver of the bus overtook a lorry and came and dashed against the motor cycle and therefore there is no contributory negligence on the part of the rider of the motor cycle.