THE MANAGING DIRECTOR K.S.R.T.C. MOTOR CLAIMS HUB DOUBLE ROAD Vs. SRI. ERAPPA S/O DODDAMUNISHAMAPPA AND OTHERS

JUDGEMENT

(1.) This appeal by the owner of the offending bus is directed against the judgment and award dated 17.09.2016 entered by MACT Bengaluru City, (SCCH-14) along with the MVC No. 3677 of 2017 whereby a compensation of Rs. 16,36,000/- with interest at the rate of 9% p.a. has been awarded subject to the condition of usual bank deposit.

(2.) The brief facts of the case are that:

(3.) Learned panel counsel of the KSRTC firstly contends that there is enough material available on record as to the contributory negligence and with no justification whatsoever, this aspect of the matter has been duly adverted to, by the MACT and consequently the KSRTC has suffered loss; secondly, he points out that the amount of compensation awarded under the conventional heads is far in excess of the limits prescribed by the Apex Court in "National Insurance Company Ltd. v. Pranay Sethi and others" reported (AIR 2017 SC 5157) ; he contends that the MACT is justified in awarding interest at the rate of 9% p.a. Per contra, learned counsel for the claimants submits that the Tribunal after considering all aspects of the matter has made the impugned judgment awarding a just compensation and therefore, there is no warrant for the indulgence of this Court in its appellate jurisdiction.