LAWS(KAR)-2012-11-279

MANAGING DIRECTOR, NEKRTC Vs. SHASHIKALA W/O LATE ASHOK LAAKE; SRINIVAS LAAKE S/O LATE ASHOK LAAKE; SIDDARTH LAAKE S/O LATE ASHOK LAAKE

Decided On November 22, 2012
MANAGING DIRECTOR, NEKRTC Appellant
V/S
SHASHIKALA W/O LATE ASHOK LAAKE; SRINIVAS LAAKE S/O LATE ASHOK LAAKE; SIDDARTH LAAKE S/O LATE ASHOK LAAKE Respondents

JUDGEMENT

(1.) The appellant Road Transport Corporation is before this Court contending that the Tribunal erred in fixing contributory negligence on the part of the driver of the bus at 75%, though the accident occurred solely due to rash and negligent driving of the car by its driver. She also submits that contributory negligence may be reduced to 50% and also reduce the compensation awarded in favour of the claimants, as claimants have not proved income of the deceased and loss of dependency.

(2.) Learned counsel for the respondents/claimants submits that an appeal in MFA No.31515/2012 filed by the claimants challenging contributory negligence fixed at 25% on the deceased who was the driver of the car and quantum of compensation were challenged, but it was withdrawn. He submits that there is no illegality or infirmity in the impugned judgment.

(3.) Perused the lower Court records.