(1.) This appeal by the Karnataka State Road Transport Corporation (K.S.R.T.C.) arises out of and is directed against the award dated 18-12 1982, made in M.V.C. 163 of 1981, on the file of the Motor Accidents Claims Tribunal, Bangalore City, awarding a compensation of Rs. 60,000/- to the mother of the deceased person in a fatal accident's action.
(2.) H.T. Suresh, aged 24 years, a Goldsmith by profession died as a result of the injuries in an accident that occurred at 12.30 P.M., on 24-6-1981 a few Kilometers from Bangalore on the Bangalore-Mysore road involving appellant's Bus MYF 847. It was alleged that, at the time of the accident, the bus, which was plying on Route No. 57, was on a down-gradient and while over-taking a bullock-cart dashed against the bullock-cart in the first-instance and also knocked down and fan-over Suresh, who was riding his bicycle ahead of the bullock-cart. Suresh died on the spot. He was un-married. Bhavani Bai, his mother, brought the present action for award of compensation. In the enquiry, the claimant tendered evidence as P-W.1. A certain Manjunath, P.W.2, tendered an eye-witness account of the incident. H.T. Venkatesh, P.W. 3, an elder-brother of the deceased gave evidence. Exts. P.1 to P.11 were marked in evidence on the side of the claimant. On the side of the appellant, Chandpasha, the driver of the bus, was examined as R.W. 1.
(3.) On a consideration of the evidence, the Tribunal entered a finding that the accident was attributable to the actionable-negligence on the part of the driver of the bus. In regard to the quantum of compensation the Tribunal, on some calculation of its own, estimated the loss-of dependency at Rs. 84,000/-. It, however, proceeded to deduct 1/3rd thereof towards the uncertainties and vicissitudes of life and scaled-down the award to Rs. 56,000/-. It also proceeded to deduct Rs. 5,000/- the value of two plots of land owned by the deceased and which, presumably, passed on to the claimant-mother by succession, as a benefit arising out of the death. We will have occasion to say something about the correctness of this deduction a little later. To the resultant figure of Rs. 51,000 so arrived at by the Tribunal, wore added awards in the sum of Rs. 5,000/-towards loss of expectation of life ; Rs. 3,500/- for funeral expenses and obsequies and Rs. 250/- for damage to the Bicycle. The award was rounded of to Rs. 60,000/-.