MANAGING DIRECTOR Vs. V RACHOEL ANNAL SHEILA

JUDGEMENT

(1.) Bmtc (Corporation) as well as the claimant are before this Court challenging the judgment and award passed by the MACT, Bangalore (for short 'the tribunal) in MVC No. 3596/2012.

(2.) Briefly stated the facts are that the claimant was an unmarried sister of the deceased Paul Joseph Shanthakumar, who died in the motor vehicle accident which occurred on 25.05.2012. Claim petition was instituted by the claimant seeking compensation for the death of said Paul Joseph Shanthakumar, alleging the actionable negligence on the part of the driver of a bus bearing registration No. KA-01-FA-2000 which was under the control of the Corporation. It was contended that the said accident occurred while the deceased was riding his motor cycle bearing registration No. TN-37-BF-3139 on 25.05.2012.

(3.) The Corporation entered appearance and resisted the claim. The tribunal after appreciating the material evidence on record, awarded a total compensation of Rs. 18,20,000/- and 60% of contributory negligence was fixed on the part of the deceased, the total compensation of Rs. 7,28,000/- was awarded to the claimant with interest at 6% per annum from the date of petition till realization.