MANAGING DIRECTOR NWKRTC HUBLI Vs. SHANTA BALIRAM BIRJE

JUDGEMENT

(1.) HEARD Sri.I.C.Patil, learned counsel appearing for the Corporation and Sri.H.M.Dharigond, learned counsel appearing for claimant.

(2.) CLAIM petition under section 166 of the Motor Vehicles Act was filed by wife of deceased Sri.Baliram Birje seeking compensation of Rs. 10,00,000/ - contending interalia that deceased Sri.Baliram Birjee was returning from Belgaum to Khanapur by travelling in a passenger tempo bearing registration No.KA -24/815 and said vehicle was hit by a KSRTC bus bearing registration No.KA -31/F -769 on account of which he succumbed to the injuries at the spot. On notice being issued by tribunal respondents appeared and filed their statement of objections namely corporation, owner of the tempo as well as insurer of tempo. Tribunal on the basis of pleadings framed the issues and after parties tendered their evidence both oral and documentary appreciating the same tribunal allowed the claim petition in part and has awarded total compensation of Rs. 3,90,000/ - under the following heads:

(3.) AGGRIEVED by the Judgment and award corporation is in appeal contending interalia that contributory negligence ought to have been attributed to the driver of the tempo for having parked the vehicle in the main road and as such corporation need not indemnify the claim in its entirety. He would also submit in reply to claimant's appeal for enhancement that compensation awarded by the tribunal itself is on the higher side and it does not requires to be enhanced. Hence, he prays for allowing MFA 25358/2010 filed by the corporation.