GENERAL MANAGER KSRTC Vs. PEERAPPA PARASAPPA

JUDGEMENT

(1.) This appeal arises out of the judgment and award of the Motor Accidents Claims Tribunal, Dharwar, in Misc. (M.V.C.) No. 22 of 1975 awarding a sum of Rs. 6,000 as compensation to the claimants therein. The appellant in this appeal is the General Manager, Karnata,ka State Road Transport Corporation,. There is also cross-objections by the claimants, who are respondents 1 and 2 herein, claiming enhanced compensation.

(2.) The facts of the case are not in dispute and may be briefly stated as follows; On 8-10-1974- at about 4-45 p.m, the vehicle bearing registration No. MYF 4176 belonging to the appellant and driven by the appellant's driver, i.e., the third respondent herein, caused the death of the deceased Laxman Parasappa Sangolli, as a result of the rash and negligent driving of the driver. Respondents 1 and 2, who are the brother and the sister of the deceased, claimed damages amounting to Rs. 25,500 from the appellant and respondent No. 3. The appellant resisted the claim contending, inter alia, that the accident was not due to the rash and negligent act of his driver and the deceased only was responsible for his death on account of his contributory negligence.

(3.) The claims Tribunal disbelieved the case put up by the appellant and found the appellant's driver guilty of rash and negligent act on the basis of the evidence of an eye-witness, PW-4.