TSEWANG Vs. MANAGING DIRECTOR, N W K R T C

JUDGEMENT

(1.) THE North -West Karnataka Road Transport Corporation is before this Court in M.F.A. Nos.20273 and 20274 of 2012 assailing both the findings relating to negligence and the quantum of compensation awarded in M.V.C. Nos.222 and 223 of 2011. The claimants in the said claim petitions in M.V.C. No.222 and 223 of 2011 are before this Court in M.F.A. Nos.26022 and 26025 of 2011 seeking enhancement of compensation. Hence, these appeals are taken up together and disposed of by this common judgment.

(2.) THE issue relating to negligence would arise for consideration in all these appeals and, as such, that aspect of the matter is adverted to at the outset.

(3.) THE contention on behalf of NWKRTC is that the Tribunal was not justified in holding the driver of the bus to be negligent keeping in view the manner in which the accident has occurred. The learned counsel for the appellant would contend that the two wheeler, which was being ridden by the deceased, was overtaking a vehicle and, in the said process, had dashed against the bus. Therefore, even if the negligence was not entirely that of the rider of the two wheeler, at least, a portion of negligence should have been fastened on the rider of the motor cycle. It is, therefore, contended that the conclusion reached by the Tribunal on that aspect of the matter is to be interfered and appropriate order is to be passed.