DIVISIONAL CONTROLLER KSRTC Vs. MAHADEVAMMA

JUDGEMENT

(1.) ALL these appeals by the K.S.R.T.C. are directed against the common judgment and award in M.V.C. Nos. 126/2008, 127/2008 and 128/2008 dated 30.9.2009 on the file of Addl. M.A.C.T., Mysore.

(2.) CLAIMANTS in all the appeals are the dependants of the deceased. The deceased Ravi along with his relatives Naganna @ Nagaraju and Kalaiah were travelling on a motor cycle bearing registration No.KA-09/ EJ-3776 on Mangalapura-Hosalli road. When they reached near the land of Ravalaiah, a KSRTC bus bearing No.KA-09/F-3304 came from opposite direction in a rash and negligent manner and dashed against the motor cycle, as a result of which, all the three persons sustained grievous injuries and succumbed to the same. Though the claimants have sought for compensation of Rs.11,40,000/-, Rs. 10,40,000/- and Rs. 14,40,000/- respectively, the Tribunal taking the income of the deceased at Rs.3,000/- has awarded compensation of Rs.3,67,000/-, Rs.3,43,000/- and Rs.4,54,000/- with interest respectively.

(3.) PERUSAL of the sketch and the evidence shows that the bus has moved on its right side, undoubtedly, the deceased were on the left side, the bus had a space on its left side, despite that, it has moved on the right side and caused an accident. Even if there is space, the bus driver had taken little care, he would have avoided the accident. May be, three persons going on motor bike, is violation of the permit or it may be an offence, however, they are third parties, the claimants cannot be denied of compensation. Merely because the deceased were three in number, it cannot be said that they were negligent. They might have violated the law, but negligence is concerned, the evidence shows that the driver of the bus was negligent in driving the bus. In my opinion, the finding given by the Tribunal as regard to the negligence is concerned, it is based on proper appreciation of the evidence.