LAWS(KAR)-2011-11-420

BANGALORE METROPOLITAN TRANSPORT CORPORATION, CENTRAL OFFICE, K.H. DOUBLE ROAD, SHANTHINAGAR, BANGALORE Vs. SRI. SANAULLA S/O. LATE RASULLA SAB AND SMT. MAKBUL W/O. SRI. SANAULLA

Decided On November 11, 2011
Bangalore Metropolitan Transport Corporation, Central Office, K.H. Double Road, Shanthinagar, Bangalore Appellant
V/S
Sri. Sanaulla S/O. Late Rasulla Sab And Smt. Makbul W/O. Sri. Sanaulla Respondents

JUDGEMENT

(1.) THESE two appeals by the claimants and the Corporation are directed against the same judgment and award dated 4th June 2007, passed in M.V.C.No. 1833/2006, by the VI Additional Judge, Court of Small Causes, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore (SCCH -2), (for short 'Tribunal').

(2.) WHILE the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation awarded by Tribunal is unjust, improper and needs to be enhanced, the Corporation has filed the appeal, challenging the liability fastened on it and accordingly, the impugned judgment and award is liable to be set aside.

(3.) IT is the specific case of the Corporation that, the Tribunal has seriously erred in fastening the liability on the Corporation, for the reason that the accident has occurred purely on account of sheer negligence on the part of the rider of motor cycle and that the driver of the BMTC bus has not contributed to the cause of accident, in any manner. Therefore, he submits that the liability fastened on it is liable to be set aside.