DIVISIONAL MANAGER Vs. MEENAKSHI

JUDGEMENT

(1.) In this appeal, the Karnataka State Road Transport Corporation (for short 'the KSRTC') has challenged the judgment and award dtd. 13/5/2016 passed in M.V.C.No.923/2015 on the file of Additional Senior Civil Judge, M.A.C.T., Srirangapatna ('the Tribunal' for short).

(2.) For the sake of convenience, parties shall be referred as per their status before the Trial Court.

(3.) Briefly stated the facts are, the son of the petitioners by name Mahesha, the deceased, on 15/4/2015 at about 7.00 a.m., met with an accident on Mysore-Hunsur Road near Halladakalli village, while driving the Tractor bearing No.KA-11/T-4649, the KSRTC bus bearing No.KA-18/F-568 while overtaking it hit its back portion to the Tractor resulting in the deceased fell down along with Tractor killing at the spot. The petitioners being the dependants of the deceased have moved the Tribunal seeking award of compensation. Claim was opposed by the KSRTC on the ground that accident took place on sole negligence of the deceased as while the bus was overtaking the Tractor, the deceased did not control the Tractor and fell down from the tractor and died at the spot. The Tribunal has framed an issue regarding contributory negligence on the part of the deceased and after taking the evidence, the Tribunal negatived the alleged contributory negligence on the part of the deceased and assessed the compensation of Rs.12,78,000.00 with interest @ 9% per annum. Aggrieved by the same, the KSRTC has filed the present appeal on various grounds.