RAMA BAI ALIAS MEENAKSHI Vs. MUKUNDA KAMATH

JUDGEMENT

(1.) M.F.A. 1736/83 by respondent No. 1 (in the lower court) is directed against the judgment and award dated 21-6-83 passed by the Motor Accidents Claims Tribunal, Man galore in M. C. (M. V. C.) 155/80 awarding a compensation of Rs. 67.000/The claimant in M V.C 155/80 being dissatisfied with the quantum of the compensation, has preferred M.F.A. 22/84.

(2.) The Petitioner-claimant was working as a sub postmaster in Udupi on a gross salary of Rs. 901/- per month. On 13-4-80 the claimant after finishing his work in Mangalore was going to Udupi in the bus bearing No. MEG 4458 belonging to respondent No. 1-Smt. Rama Bai. The claimant was seated in the third row on the right side. When the bus reached Padapanambur, a lorry bearing No MEG 6280 belonging to respondent No. 3-Robert D'Souza and driven by Shekar Poojary came at a great speed and without giving any signal or horn from the opposite direction i.e. from Udupi direction to Mangalore. When the bus and the lorry were crossing each other both of them grazed each other. In the course of the accident, the claimant sustained injuries and fracture of the fore-arm. According to the Petitioner, the accident took place due to the composite negligence of both the vehicles. Thus, he filed a Petition claiming a compensation of Rs. 2,00,000/3. Respondents resisted the Petition.

(3.) The Trial Court on circumspection of the evidence held that the accident was due to the composite negligence of the drivers of both the vehicles and awarded a compensation of Rs. 67,000/-. It apportioned the compensation between the bus and the lorry at 50% each. It also limited the liability of R-2 insurance company to Rs. 5000/-.