KRISHNEGOWDA Vs. B.M. RAVEESHA

JUDGEMENT

(1.) BOTH the appeals - MFA Nos. 9734/2007 and 9736/2007 are directed directed against the judgment and award passed in MVC Nos. 421/2005 and 420/2005 respectively. The Tribunal has awarded compensation of Rs. 55.200/ - in MVC No. 421/2005 and Rs. 69,900/ - in MVC No. 420/2005. The Tribunal in the case of two claims arising out of the same accident, in MVC No. 420/2005 held 30% negligence on the claimant and though the compensation was determined at Rs. 99,800/ -, it was reduced to Rs.69.900/ - whereas in MVC No. 421/2005 full compensation without holding any negligence has been awarded. If there is contributory negligence, certainly compensation should have been reduced in both the cases. In my opinion, contributory negligence determined by the Tribunal in MVC No. 420/2005 is liable to be set aside accordingly 30% negligence on the part of the rider is set aside. The claimant is entitled to compensation of Rs. 99,800/ - with interest.

(2.) AS for as the claimant in MVC No. 421/2005 is concerned the Tribunal has reasonably awarded the compensation. Accordingly, I find no ground to interfere with the said award. Accordingly. MFA No. 9736/2007 is partly allowed. The finding of the Tribunal in respect of negligence is set aside. The claimant is entitled to compensation of Rs. 99,800/ - with interest. MFA No. 9734/2007 is dismissed.