DIVISIONAL CONTROLLER N.E.K.R.T.C., DIVISION OFFICE RAICHUR DIVISION RAICHUR NOW REPRESENTED ITS CHIEF LAW OFFICER NEKRTC, CENTRAL OFFICE GULBARGA-585101 Vs. HASEENA BANU W/O LATE SHASHUDDIN AND OTHERS

JUDGEMENT

(1.) THIS appeal under Section );">173(1) of the Motor Vehicles Act, 1988, (for short 'the Act') by the North Eastern Karnataka Road Transport Corporation is directed against the Judgment and Award dated 08.03.2012 on the file of the Court of Fast Track Court -I at Raichur passed in MVC No. 623/2011 raising a short ground that while quantifying the total compensation payable to the dependents of one Shamshuddin at a sum of Rs. 8,00,800/ -, the Tribunal has committed an error in quantifying the compensation payable under the head loss of dependency' to the claimants at a sum of Rs. 7,48,800/ - and therefore this requires to be corrected. Mr. Shivashankar H. Manur, learned counsel appearing for the appellant -Corporation also seeks to urge that there is contributory negligence on the part of the deceased person who has not exercised proper care and vigil while crossing the road etc.

(2.) WHILE this argument is opposed by Mr. Basavaraj R. Math, learned counsel appearing for caveator respondent No. 1, the argument that the Tribunal has committed an error in making deduction towards the personal expenditure of the deceased for arriving at the loss of dependency to the claimants and the Tribunal deducted only one fifth of the income towards the personal expenditure is wrong even on the ratio of the judgment of the Hon'ble Supreme Court in the case of SMT. SARLA VERMA and ORS. v. DELHI TRANSPORT CORPORATION and ANR. reported in 2009 AIR SCW 4992.

(3.) THIS legal position is not disputed by Mr. Basavaraj R. Math, learned counsel, as in the factual position, the number of dependants and/or the claimants is also six.