GENERAL MANAGER KSRTC Vs. VIJAYALAXMI

JUDGEMENT

(1.) This appeal is by the General Manager, Karnataka State Road Transport Corporation (KSRTC) and is directed against the award dated 29-3-1984, made in M.V.C. No. 670 of 1982, on the file of the Motor Accidents Claims Tribunal, IV; Bangalore City, awarding a total compensation of Rs. 60,000/- in a fatal accident's action.

(2.) Saravanavelu, aged 42 years, working at the B.E.M.L., was killed in a motor-accident which occurred at about 11-30 A.M. on 3-10-1982. Saravanavelu was riding his scooter on the Kempegowda Road at Bangalore. The appellant's bus hit the scooter from behind. Saravanavelu succumbed to the injuries. The dependants brought the present action for compensation. The Tribunal on a consideration of the evidence on record determined the total compensation at Rs. 1,00,000/-. It deducted a sum of Rs. 40,235/-- towards benefits arising out of the death and awarded the balance of Rs. 59,765/-- rounding it off to Rs. 60,000/--.

(3.) Sri G. Lingappa, Learned Counsel for the appellant has urged three contentions. The first is as to the correctness of the finding of the Tribunal as to actionable-negligence on the part of the driver of the bus. The second is as to the quantum of compensation. The third is that since the driver of the bus who was originally impleaded to the proceedings had later been given-up by the claimants, no liability could be fastened on the owner and consequently on the insurer. This, in substance, means that a driver is a necessary party to the action.