SUMITRA Vs. N SHEKAR

JUDGEMENT

(1.) These two appeals by the claimants- the legal representatives of the deceased Sri. Somashekar and by the Corporation are arising out of the same judgment and award dated 05/02/2010 passed in MVC No.826/2007, by the Presiding Officer, Fast Track Court-II and Additional Motor Accident Claims Tribunal-III, Shimoga, (hereinafter referred to as 'Tribunal' for short).

(2.) The Tribunal, by its judgment and award, has awarded a sum of Rs. 1,85,000/- under different heads with interest at 6% p.a., from the date of petition till its realization, after deducting 75% towards contributory negligence on the part of the deceased.

(3.) It is the case of the claimants that the compensation awarded by the Tribunal on account of the death of the deceased is inadequate and it requires enhancement and that the contributory negligence fixed at 75% negligence on the part of the deceased is on higher side and is liable to be set aside by fixing reasonable negligence on the part of the deceased. Where as, it is the case of the Corporation that the contributory negligence fastened on the driver of the bus belonging to it at 25% cannot be sustained and is liable to be set aside by fixing the entire negligence on the part of the deceased, who was the rider of the motor cycle and to exonerate the Corporation from its liability.