- (1.) This appeal is by the K.S.R.T.C. ("the Corporation" for short), assailing the judgment and award dated 16th October, 2014 passed in M.V.C. No. 7436/2012 on the file of the XIII Additional Judge, Court of Small Causes, Member, M.A.C.T.-4, Bangalore, ("the Tribunal" for short) whereby the claim petition filed by the respondent/claimant under Section 166 of the Motor Vehicles Act is allowed in part, awarding compensation of Rs. 70,000/- with interest @ 6% per annum from the date of petition till realization by fixing liability on the Corporation to pay 50% of compensation.
(2.) The fact is, the respondent/claimant filed the claim petition before the Tribunal alleging that on 5-11-2012 at 6.30 a.m., while she was travelling in the KSRTC bus bearing registration No. KA-01/F-9218 from Bangalore to Chikmagalur, due to the rash and negligent driving of the driver of the said bus, it dashed against the Canter Lorry bearing registration No. KA-01/C-6394, thereby causing injuries to her and she took treatment in the Hospital. She was aged 50 years and a Teacher by profession earning Rs. 30,000/- per month. Because of the injuries suffered during the accident, she has suffered permanent disability and discomfort.
(3.) The claim was contested by the Corporation and also the insurer of the Canter lorry. The Tribunal on overall consideration of the evidence adduced by both the parties allowed the petition in part and awarded compensation of Rs. 70,000/- @ 6% per annum from the date of petition till realization and fixed the ratio of contributory negligence at 50 : 50 on the drivers of both the vehicles.;