MANAGING DIRECTOR KARNATAKA STATE ROAD Vs. PARVATHAMMA

JUDGEMENT

(1.) I have heard both the learned Advocates. This is one more of the horrifying accidents where the guilty parties are the KSRTC drivers and wherein, not one but two of the Corporation's buses are involved. The deceased was boarding the State Transport vehicle when another bus belonging to the Corporation approached at high speed and collided with the bus in question, resulting in, the deceased being crushed under the vehicle and killed on the spot. The Tribunal after evaluating the various heads awarded total compensation of Rs. 1,13,250/ -. After deduction, the extra amount has been paid with cost and interest at the rate of 9 per cent per annum. This order has been assailed in the present appeal.

(2.) THE learned Advocate who represents the appellant has pointed out to me that there is an obvious error in awarding compensation under head No. 6, in as far as the Tribunal has applied the multiplier of 20. Having regard to the ages in question, he has demonstrated that the multiplier of 15 would be the correct one and that to this extent the compensation awarded under this head would have to be reduced to Rs. 24,000/ -.

(3.) THE learned Advocate who represents the claimants submitted that having regard to the position in law that he cannot dispute the correctness of the same and the multiplier of 15 would have to be applied, but he submitted that on a consideration of other reasons, this court ought not to disturb the quantum. So far as the first submission of the appellant is concerned, this Court is required to uphold it. However, before directing that the compensation amount should be reduced, it would be necessary to deal with the other submissions and the reverse arguments that can be canvassed on behalf of the claimants.