LAWS(KAR)-2016-3-397

MANAGING DIRECTOR, KSRTC CENTRAL OFFICES, BANGALORE Vs. RATHNAMA

Decided On March 17, 2016
MANAGING DIRECTOR, KSRTC CENTRAL OFFICES, BANGALORE Appellant
V/S
RATHNAMA Respondents

JUDGEMENT

(1.) Since common questions of law and that of fact arise for decision making, with the consent of the learned counsel for the parties, appeals are clubbed together, finally heard and disposed of by this judgment.

(2.) Mfa 7150/2015 is filed by the claimant in MVC 5655/2013 aggrieved by the quantum of compensation by judgment and award dated 2nd June, 2015 of the XXI ACMM and XXIII ASCJ, Bengaluru (for short "MACT"), while MFA 6279/2015 is filed by Karnataka State Road Transport Corporation (for short "KSRTC") calling in question the very same judgment and award insofar as it relates to finding attributing actionable negligence to the driver of the offending bus and quantum of compensation.

(3.) Having heard the learned counsel for parties, perused the pleadings, examined the judgment and award impugned and evidence both oral and documentary, following two questions arise for decision making.