LAWS(KAR)-2019-5-51

MANAGING DIRECTOR, KSRTC Vs. H M HARISH

Decided On May 29, 2019
MANAGING DIRECTOR, KSRTC Appellant
V/S
H M Harish Respondents

JUDGEMENT

(1.) Mfa Nos.7544/2017, 7545/2017 and 7546/2017 are filed by the Karnataka State Road Transport Corporation ('Corporation' for short). MFA CROB Nos.91/2018, 92/2018 and 93/2018 are filed by the claimants being aggrieved by the judgment and award dated 11.05.2017 passed by Motor vehicle Accident Claims Tribunal, Bengaluru (SCCH-13) in MVC Nos.4749 to 4751 of 2015, whereby tribunal has granted compensation and fastened the liability of 80% on the Corporation and 20% by the claimants. Being aggrieved by quantum as well as fasteing of liability both Corporation as well as the Claimants have filed the above appeals and cross objections.

(2.) Brief facts of the case:

(3.) Sri. Rajashekar.S, learned counsel appearing for the Corporation firstly submits that the accident has occurred due to the rash and negligent driving of the driver of the motor cycle bearing registration No. KA-53-EJ-2297. The driver of the KSRTC bus was driving the bus slowly and cautiously by following the traffic rules but the motor cycle has come in high speed and has taken sudden right turn and hit the bus. Therefore, he submits that Tribunal is not justified in fastening 80% of the liability on the KSRTC bus.