MAHADEVI Vs. DIVISIONAL CONTROLLER, NWKRTC CORPORATION

JUDGEMENT

(1.) The claimants being aggrieved by the common judgment and award dated 5.5.2012, passed in MVC Nos.490/2009, 491/20019, by the Addl. Senior Civil Judge & MACT, Jamakhandi, have filed these appeals.

(2.) The Division Bench of this Court has disposed of MFA No.24106/2012 arising out of same accident in respect of MVC No.489/2009 on 27/11/2013.

(3.) The occurrence of the accident on 30/10/2008 involving K.S.R.T.C. bus bearing registration No.25/F-2598 and motorcycle bearing registration No. KA-29/K-7962 is not in dispute. It is also not in dispute that due to collision of vehicles, Mahesh Poojari died and another person suffered injuries. The Tribunal has recorded the finding against not only the driver of the KSRTC bus, but also Mahesh Poojary for causing of accident on the basis of contributory negligence.