DIVISION MANAGER KSRTC HASSAN DIVISION HASSAN REPRESENTED BY ITS CHIEF LAW OFFICER BANGALORE Vs. SMT MANJULA W/O JAGADEESHMURTHY B.N.

JUDGEMENT

(1.) THE appellant has challenged the judgment and award passed by the tribunal granting compensation of Rs.12,10,000/ - with rate of interest @ 6% to the respondents for the death of Jagadeeshmurthy B.N., in a motor vehicle accident. The facts relevant for the purpose of this appeal are as under: It is on 18.11.2009 that Jagadeeshmurthy B.N. and his friend were going on a motor cycle bearing registration No. KA -14/W -9887. Jagadeeshmurthy was driving/riding the mortar cycle and his friend was a pillion rider. While they were proceeding towards Arasikatte temple near Arakalagudu, KSRTC bus bearing registration number KA -13/F -1232 came from the opposite direction driven in a negligent and rash manner and hit the motor cycle and due to the impact Jagadeeshmurthy/sustained severe/grievous injuries. He was shifted to the hospital and succumbed to the injuries during treatment. Jagadeeshmurthy was employed in VISP at Bhadravathi and the respondents being the legal representatives of the deceased claimed the compensation for loss of dependency and all the conventional heads. The appellant contested the claim made by the respondents.

(2.) DURING enquiry, PW1 was examined and in the evidence the documents P1 and P9 were got marked The appellant did not examine any witness. The tribunal after hearing the counsel for the parties on address of the material on record held actionable negligence on the part of the driver of the KSRTC bus and as deceased was an employee of VISP, Bhadravathi and his salary was Rs. . 18,313.99 Ps deducting Professional Tax and Income Tax and adopted the split multiplier granting a compensation of Rs. . 11,00,000/ -towards loss of dependency and Rs. 30,000/ - on conventional heads. Aggrieved by the findings of the tribunal the present appeal has been filed.

(3.) THE appellant has produced Ex.P2 which is the FIR and Ex. P3, complaint. The accident occurred on 18.11.2009 at about 10 a.m. and the FIR was lodged to the police at about 13.45 hours on the same day. In the FIR though it is mentioned that the accident occurred due to rash and negligent driving of the KSRTC bus, the bus number is not mentioned. During the course of the investigation the police have recorded the statement of the witnesses and in the investigation the bus which caused the accident was traced. The said vehicle was seized by the police. Since accident report produced by the claimants the vehicle bearing registration Mo. KA -14/W -9887 was examined by the motor vehicle inspector on 23.04.2009 and the inspector noticed damage to the front portion of the vehicle at 4 places.