MANAGING DIRECTOR KSRTC Vs. ANNAPPA VAIDYA

JUDGEMENT

(1.) This appeal is by the Karnataka Stale Road Transport Corporation (KSRTC) and its Officers and is directed against the Judgment and Award dated 20-8-1984 made in M.C. (MVC) No.203 of 1981 on the file of the Motor Accidents Claims Tribunal, Dakshina-Kannada, Mangalore, granting to the parents a compensation of Rs. 22,800/- for the death of their 12 year old son in a motor-accident.

(2.) The unfortunate incident occurred at 4.15 P.m. on 29-12-1980 at the pilgrim centre of Dharmasthala in South Kanara District involving appellant's stage-carriage Bus MYG 5700. The driver of the bus, it would appear, had parked the bus and had gone to the appellant's office at Dharmasthala to transact some official business. At that time, one Sarvotham, an artisan working in the KSRTC entered the bus and drove the bus within the Temple premises at Dharmasthala. He drove the bus negligently and hit the boy, Raghavendra, who was walking along the road. The boy succumbed to the severe injuries. The parents brought the present action claiming a compensation of Rs. 50,000/-from the appellants. Appellant, in its defence, contended that, as the accident was not caused by any servant in the course of employment, appellant was not vicariously liable.

(3.) On a consideration of the evidence, the Tribunal recorded a finding that the driver of the Bus was negligent in leaving unattended the bus which could be started even without a switch key and that, therefore, the appellant was liable. The Tribunal on some calculations of its own, award-ed a sum of Rs. 18,000/- towards the loss of dependency. Out of this 10% was deducted towards uncertainties. To the balance of Rs. 16,200/- so arrived at were added a sum of Rs. 5,000/-towards "loss of company and love and for the grief suffered"; a sum of Rs. 600/- towards transportation of the body; and Rs. 1,000/- towards the funeral and obsequies. This award is challenged in this appeal.