THE DIVISIONAL CONTROLLER/MANAGING DIRECTOR, OWNER-CUM-INTERNAL INSURANCE NOW THROUGH THE CHIEF LAW OFFICER Vs. SHAHEEN AND ORS.

JUDGEMENT

(1.) THE Divisional Controller/Managing Director of the Karnataka State Road Transport Corporation, Bangalore, has filed this appeal challenging the judgment and award in MVC No. 6/2012 dated 22.12.2012 on the file of the Fast Track Court and Motor Accident Claims Tribunal, Kollegal. Respondent Nos. 1 to 5 are the wife and children of one Abdul Samiulla. According to the claimants, on 30.11.2011, the KSRTC bus belonging to the Corporation bearing registration No. KA -40 F -498 being driven by its driver in a rash and negligent manner dashed against Abdul Samiulla near New Ameer John Transport Office, Nanjanagud Road, Mysore City, on account of which, he fell down and sustained grievous injuries. Later, he succumbed to the injuries sustained by him in the accident.

(2.) THE Corporation has filed its written statement opposing the claim petition. On the basis of the pleadings of the parties, the Tribunal has framed the following issues:

(3.) SRI K. Nagaraja, learned Counsel appearing for the appellant -Corporation submits that the Tribunal was not right in holding that the driver of the bus alone was responsible for the accident. The deceased had also contributed to some extent for the accident. It is further contended that the deceased was working as a driver. The accident had occurred on 30.11.2011. No documents have been produced to substantiate the contention that he was earning Rs. 15,000/ - per month. The Tribunal has determined his monthly income at Rs. 9,000/ - on the basis of the evidence of P.W. 2, the employer of the deceased for the purpose of computation of loss of dependency.