LAWS(KAR)-2011-11-303

DIVISIONAL CONTROLLER, KSRTC, MANGALORE DIVISION, MANGALORE, (OWNER OF THE BUS BEARING NO. KA-19-F-2318) NOW BY THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICE, K.H. ROAD, BANGALORE - 500 027, REPRESENTED BY ITS CHIEF LAW OFFICER Vs. N.R. KIRAN KUMA

Decided On November 04, 2011
Divisional Controller, Ksrtc, Mangalore Division, Mangalore, (Owner Of The Bus Bearing No. Ka -19 -F -2318) Now By The Managing Director Ksrtc, Central Office, K.H. Road, Bangalore - 500 027, Represented By Its Chief Law Officer Appellant
V/S
N.R. Kiran Kuma Respondents

JUDGEMENT

(1.) THIS appeal is by the Corporation challenging the judgment and award of the Tribunal on the ground of negligence.

(2.) LEARNED Counsel appearing for the appellant fairly submits, although appellant is not aggrieved by the compensation of Rs. 5,000/ - awarded by the Tribunal, he had to prefer this appeal challenging the impugned judgment and award made by the Tribunal on the ground of negligence as there are two more claim petitions arising out of the same accident and the finding of the Tribunal holding that the accident was occurred due to contributory negligence of 50% on the part of the driver of KSRTC will come in the way of challenging the judgments and awards passed by the Tribunal in those claim petitions in which quantum of compensation awarded is more and he prays for dismissing the appeal with an observation that the dismissal of this appeal will not come in the way of appellant challenging the judgment and awards made in the other eases arising out of the same accident.

(3.) AMOUNT in deposit is ordered to be transferred to the Tribunal for disbursement in favour of the claimant in terms of the award of the Tribunal.