MANAGING DIRECTOR KSRTC Vs. LALITHAMMA

JUDGEMENT

(1.) ONE Ramakrishna was on duty as a conductor in the KSRTC bus. A KSRTC lorry collided with the bus resulting in the death of Ramakrishna.

(2.) THE Tribunal has assessed the compensation as per the terms of the workmen's Compensation Act (for short 'the Act'), which appears to be incorrect. The liability to pay compensation as per the Act would arise only in a case where policy issued as per the terms of Section 147 of the Motor vehicles Act. Here, no such policy is issued. The KSRTC bus has got a self insurance fund. Therefore, the compensation has to be assessed and payable as per the general principles of tort.

(3.) THE wife and three minor children had filed petition seeking compensation. The KSRTC is in appeal challenging the quantum of compensation.