THE MANAGING DIRECTOR, KSRTC Vs. MAHADEVAMMA AND ORS.

JUDGEMENT

(1.) RESPONDENT KSRTC in MVC. No. 1904/2013 on the file of MACT, Bengaluru, has come up in this appeal challenging the judgment and award dated 6.9.2013 so far as it pertains to quantum of compensation and also on the ground that there is contributory negligence on the part of deceased Siddaraju in causing accident dated 11.12.2013 resulting in his death.

(2.) BRIEF facts leading to this appeal are as under:

(3.) HEARD the learned counsel for appellant as well as contesting respondents, claimants before the tribunal. On going through the lower court record, it is clearly seen that in the statement of objections there is no specific defence raised by the appellant herein to the effect that there is contributory negligence on the part of deceased in causing the accident. On going through the entire material on record there is nothing on record to demonstrate that, infact there is contributory negligence on the part of deceased. On the contrary, it is seen that the accident has taken place in the middle of village limits, namely Byanapalya near the bus stop where buses would normally stop. It is expected that near the place where bus stops, people would be moving from here to there. Therefore, it is the responsibility of driver of bus, who is passing by that road to show extra caution and care to avoid any pedestrian who is crossing the road is being hit. In the instant case, accident has taken place as admitted by KSRTC itself near Byanapalya bus stop. Therefore, the allegation of contributory negligence, which is raised for the first time in this appeal is without basis. On the contrary, the driver of bus should have been more cautious while passing through the village at the relevant place where accident has taken place. When series of claim petitions and appeals are seen, it is normally the drivers of State Transport Corporation buses who cause accident with impudence, many a time taking the life of innocent pedestrian.