LALITHA AND ORS. Vs. N. KEDARNATH AND ORS.

JUDGEMENT

(1.) These two appeals respectively by the claimants and the Corporation are directed against the same judgment and award dated 18th March 2009, passed in MVC No.2162/2007, by the IX Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-7), (for short, 'Tribunal' ).

(2.) While the claimants have filed the appeal, seeking enhancement of compensation on the ground that compensation of Rs. 12,40,000/- awarded by Tribunal on account of the death of the deceased NDRS Bhaskar is on the lower side and the contributory negligence fixed at 50% on the part of the deceased rider of Hero Honda Splendor motor cycle is liable to be reduced, by modifying the impugned judgment and award passed by Tribunal, the Corporation has filed the appeal on the ground that, the Tribunal is not justified in fixing the contributory negligence at 50% on the part of the driver of the KSRTC Bus and the same is liable to be modified, by reducing the same.

(3.) The facts of the case as stated in the claim petition are that, at about 7-15 A.M., on the ill-fated day, i.e. on 29-03-2006, when the deceased NDRS Bhaskar was traveling on Hero Honda Splendor motor cycle bearing Registration No.AP-21/H-5755, to go to Basaveshwara circle from COD Office circle, near Dargah at Palace Road, the driver of the KSRTC Bus bearing Registration No.KA-01/F-6770 drove the same at a high speed, in a rash and negligent manner and dashed against the motor cycle of the deceased. As a result, the deceased NDRS Bhaskar sustained bleeding injuries and died on the spot.