DIVISIONAL CONTROLLER, NWKRTC, UTTARA KANNADA DIVISION Vs. SHARADA

JUDGEMENT

(1.) N.W.K.R.T.C. has f i led the appeal chal lenging the l iabi l ity as well as quantum of compensation awarded by the MACT, Yel lapur in M.V.C. No.154/2007 dated 31.07.2009. Cross Objection has been filed by the claimant nos.1 and 2 being not satisf ied with the compensation awarded to them by the M.A.C.T. and also chal lenging the apportionment made in favour of the third claimant-mother of the deceased. Therefore, these two matters are heard together.

(2.) The claimants are the widow, minor son and aged mother of one Seetharam Bhagwat, who died in a road traff ic accident occurred on 21.07.2007 in front of APMC Yard in Yellapur. According to the claimants the deceased was riding his motorcycle bearing no. KA-27/J-4721 on Yellapur-Sirsi road by observing the traffic rules. When he was near the APMC yard of Yel lapur, a she-buffelow came across the road. In order to avoid the she-buffelow he took his vehicle to the right, suddently the KSRTC bus bearing no. KA-31-F-894 which was coming from the opposite direction in a rash and negl igent manner dashed against the deceased's vehicle, as a result of which, he succumbed to the injuries on the spot. According to the claimants, the deceased was hale and healthy aged about 41 years, was an agriculturist and also doing timber business earning Rs.10,000/- per month. On the complaint lodged by an eyewitness, a criminal case was registered against the driver of the KSRTC bus and he was prosecuted before the Criminal Court.

(3.) Nwkrtc contended that the accident occurred due to the negl igence of the deceased and that the driver of the bus was no-way responsible for the cause of accident. In the circumstances, the NWKRTC requested the Court to dismiss the claim petition.