RESHMA BANU Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) These two appeals respectively by the claimants and by the Corporation are arising out of the same judgment and award dated 17/08/2013, passed in MVC No.535/2010, by the Additional Senior Civil Judge & CJM & Motor Accident Claims Tribunal, Tumkur, (hereinafter referred to as 'Tribunal' for short).

(2.) The Tribunal, by its judgment and award, has awarded a sum of Rs. 5,85,000/- under different heads with interest at 6% p.a., from the date of petition till its realization, fixing entire negligence on the part of the driver of KSRTC bus belonging to the Corporation and directing it to deposit the same.

(3.) It is the case of the claimants that, the compensation awarded by the Tribunal on account of the death of the deceased is inadequate and it requires enhancement. Where as, it is the case of the Corporation that the Tribunal has erred in fixing entire negligence on the part of the driver of KSRTC bus bearing Reg.No.KA.40.F.340, without fixing any negligence on the part of the driver of the Qualis car bearing Reg.No.MH.04.BN.4676 and the same cannot be sustained and is liable to be modified by fixing negligence in the ratio of 50% each on the part of the drivers of both the vehicles involved in the accident.