MANAGING DIRECTOR, KSRTC Vs. ANITHA S. RAVI

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and award passed by the M.A.C.T., Bangalore in MVC No. 8817/2007, dated 14.10.2011.

(2.) THE first appeal in MFA No. 2841/2012 is filed by the KSRTC, challenging the liability saddled on the appellant and so also, the quantum of compensation. The connected appeal in MFA No. 3952/2012, is filed by the claimants being not satisfied with the compensation awarded to them by the Tribunal seeking enhancement. Therefore, these two appeals are heard together.

(3.) THE K.S.R.T.C. contended that the accident did not occur due to the rash and negligent driving of the bus. According to them, the deceased was proceeding towards Bangalore in a rash and negligent manner and crossing the road median dashed against the oncoming KSRTC bus, which was proceeding from Bangalore to Dharmasthala. Therefore, it was contended that the liability cannot be saddled on the KSRTC bus, since the driver was no where responsible for the accident.