MANAGING DIRECTOR Vs. R LAKSHMI AND OTHERS

JUDGEMENT

(1.) The present appeal is directed against the judgment and award passed by the Tribunal in MVC No. 4357/2014 whereby the Tribunal for the reasons recorded in the order has awarded compensation of Rs.15,60,000/- attributing 50% of the contributory negligence for the accident.

(2.) The short facts of the case appear to be that on 12-7-2014 at about 5.30 P.M., the deceased with his son Mr. Suresh Kumar were proceeding on a Hero Honda Splendour bearing No.KA-05-HF-480 from Nelamangala to his native place at Kempachikkanahalli on NH-48. When they reached near Mahadevapura, at that time one K.S.R.T.C bus bearing No. KA-13-F-1916 suddenly applied brake and stopped the bus without any signal. At that time, the deceased Sri. C. Jayaram who was riding on his vehicle lost control on account of sudden stoppage of the bus and dashed to the backside of the bus and consequently sustained injuries and ultimately he succumbed to the injuries. The pillion rider was also injured and the motor-cycle was damaged. Such accident gave raise to the claim petition preferred by the dependent members of the family of the deceased for compensation of Rs.30,00,000/- with cost and interest.

(3.) The Tribunal ultimately held that there is 50% contributory negligence of the deceased and 50% of the driver of the bus and after assessing compensation at Rs.31,20,000/-, awarded compensation to the extent of 50% in Rs.15,60,000/- with interest at the rate of 9% p.a. against the appellant. Under the circumstances, the present appeal before this Court.