NIDA KAUSAR Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) These two appeals respectively by the injured claimant through her natural guardian, mother and by the Corporation are arising out of the same common judgment and award dated 17/08/2013, passed in MVC No.541/2010, by the Additional Senior Civil Judge & CJM & Motor Accident Claims Tribunal, Tumkur, (hereinafter referred to as 'Tribunal' for short).

(2.) The Tribunal, by its common judgment and award, has awarded a global compensation of Rs. 20,000/- with interest at 6% p.a., from the date of petition till its realization on account of the injuries sustained by the claimant in the road traffic accident, 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 injured claimant that, the compensation awarded by the Tribunal on account of the injuries sustained by her 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.