DIVISIONAL CONTROLLER, K.S.R.T.C., MYSORE BY ITS CHIEF LAW OFFICER Vs. SMT SHAKILA BANU MI W/O LATE KF MOHAMMED HANEEF AND OTHERS

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 15.11.2005 made in MVC No. 240/2004 on the file of Ad -Hoc District Judge and Motor Accident. Claims Tribunal, at Virajpet.

(2.) LEARNED counsel for the appellant submits that the Tribunal erred in holding that the accident occurred solely due to rash and negligence by its driver without considering the contributory negligence by the deceased. He also submits that though the claimants failed to prove income of the deceased at Rs. 20,000/ - per month, the Tribunal erred in fixing the income at Rs. 8,000/ - and awarded compensation in all amounting to Rs. 7,91,000/ -. Therefore, he submits that the impugned judgement and award may be set aside.

(3.) WE have perused the LCR.