LAWS(KAR)-2010-4-248

S.B. RAJAMANI AND ANOTHER Vs. THE MANAGING DIRECTOR, BANGALORE METROPOLITAN TRANSPORT CORPORATION DIVISION

Decided On April 13, 2010
S.B. Rajamani Appellant
V/S
Managing Director, Bangalore Metropolitan Transport Corporation Division Respondents

JUDGEMENT

(1.) THESE two appeals are filed by the claimants and BMTC. They arise out of the same impugned judgment and award dated 29th January, 2005 passed in MVC No. 2883 of 2002 on the file of VI Additional SCJ and Motor Accidents Claims Tribunal (SCCH -2) at Bangalore (Tribunal' for short).

(2.) THE Tribunal by its judgment and award, has awarded compensation of Rs. 5,20,800/ - with interest at 7% p.a. on account of the death of deceased Basavaraj Shehappa Rajamani in the road traffic accident that occurred on 13 -5 -2002 at about 11.50 a.m.

(3.) AS against this, the Corporation has contended that the compensation awarded by the Tribunal is disproportionate, excessive and is liable to be reduced by modifying the impugned judgment and award and fixing the contributory negligence at 20% on the part of the deceased is on the lower side. Therefore, both claimants and Corporation felt necessitated to file these appeals seeking appropriate reliefs.