A.S. KRISHNA MURTHY, Vs. ABDUL MAJID AND THE MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) IT is the case of the claimant that on 09.07.2007 at about 9.30 p.m., when the deceased Raghavendra was riding the motor bike bearing No. KA -14 -V -6618 towards Tarikere, at that time, the driver of the bus bearing No. KA -18 -F -0066 drove the same in a rash and negligent manner and dashed against him. He sustained grievous injuries and later died. On a claim petition being filed under Section 166 of the Motor Vehicles Act by the parents and sisters of the deceased, the Tribunal awarded compensation of Rs. 3,35,520/ - along with interest @ 6% p.a. from the date of petition till its realisation by holding 25% negligence on the part of the deceased. Seeking enhancement, the present appeal has been filed. The Tribunal awarded compensation as follows: -

(2.) HEARD Counsels and examined the

(3.) BY relying on the judgment of the Hon'ble Supreme Court in the case of Sarla Verma and Others Vs. Delhi Transport Corporation reported in : (2009) 6 SCC 121, the learned Counsel for the appellants contends that 50% of salary should be added and further a deduction of 1/3rd has to be made in terms of the said judgment.