DIVISIONAL CONTROLLER NORTH WEST KARNATAKA STATE ROAD TRANSPORT CORPORATION Vs. MAHADEV SHATTUPPA PATIL

JUDGEMENT

(1.) These appeals namely MFA No. 22488/2012 and MFA No. 22489/2012 have been filed by the North West Karnataka State Road Transport Corporation, in which the liability of the appellants to pay the compensation the extent of 50% to the claimants, the ground of contributory negligence has been challenged. MFA No. 23047/2012 has been filed by the claimant in MVC No. 546/2010 seeking enhancement of the amount of compensation. Since all the appeals arise out of the accident which took place on 17.7.2009 and the tribunal has decided all the cases by a common judgment, they were heard together and are being decided by this common judgment.

(2.) Facts giving rise to filing of these appeals briefly stated are that, the claimants in both the claim petitions, on 17.7.2009 at about 5.00 p.m. were traveling on a motorcycle bearing registration No. KA-22/J-7345. The claimant in MVC No. 546/2010 was riding the motorcycle, whereas the claimant in MVC No. 545/2010 was a pillion rider. It is the case of the claimants that near Bekkinkeri village of Belagavi-Kowad road, bus bearing registration No. KA-22/F-992, which was being driven in a rash and negligent manner, dashed against the motorcycle of the claimants. On account of the aforesaid accident, both the claimants suffered grievous injuries.

(3.) It was pleaded that petitioner in MVC No. 545/2010 namely Mahadev is grandfather of the claimant in MVC No. 546/2010 and is aged about 60 years and used to earn Rs. 4,000/- per month. It was further pleaded that on account of injuries the aforesaid claimant became disabled. Accordingly the compensation to the tune of Rs. 20,00,000/- was claimed. The petitioner in MVC No. 546/2010 who was riding the motorcycle at the time of accident was aged about 20 years and was a student as well as a computer technician. He sustained grievous injuries and therefore compensation to the tune of Rs. 25,00,000/- from the respondents was claimed.