MANAGING DIRECTOR Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) These two appeals are filed by the Managing Director, KSRTC and the National Insurance Company Limited, respectively challenging the judgment and award dated 09.02.2010, passed in M.V.C.No.268/2004, on the file of the Principal District Judge and MACT, Dakshina Kannada, Mangalore ('the Tribunal' for short), questioning the compensation awarded.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that on 09.02.2000, the KSRTC bus bearing registration No.KA-09-F-2403 was plying on its schedule route from Mangaluru to Mysuru. When it reached a place called Dasakodi in Balthila Village on NH-48, a lorry bearing registration No.CRX-9192 belonging to respondent No.1 came in a high speed and rash and negligent manner and dashed against the KSRTC bus. As a result, the bus sustained several damages and the vehicle was towed from the accident spot to its workshop at Kuntikana, Mangalore for carrying out the repairs. Thereafter, the bus was repaired at a cost of Rs.19,037/-, which includes labour and material charges. The said bus could not be plied on road from the date of accident till its repair i.e., on 09.04.2000. Therefore, there is a loss of revenue for 51 days and it is estimated at Rs.2,72,952/-. Hence, the KSRTC claimed the compensation of Rs.2,91,989/-.