KARNATAKA STATE ROAD TRANSPORT CORPORATION Vs. V MALATHI,

JUDGEMENT

(1.) THESE two appeals by the Corporation and by the claimants are directed against the impugned judgment and award dated 17/09/2011 passed in MVC No.1519/2009, by the II Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal -VI, Mangalore, D.K., (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal, by its judgment and award, has awarded a sum of Rs. 19,95,780/ - as against the claim made by the claimants for a sum of Rs. 25,00,000/ -, on account of the death of the deceased Sri. Ramakrishna Naik, with interest at 6% p.a., from the date of petition till the date of realization. Being aggrieved by the said judgment and award, the Corporation has filed an appeal, on the ground that the compensation awarded by the Tribunal on account of the death of the deceased is on higher side and disproportionate to his source of income and that the Tribunal has erred in not fixing contributory negligence on the part of the deceased, the rider of the motor cycle and therefore, negligence may be fixed reasonably on the part of the drivers of both the vehicles involved in the accident, whereas, the claimants have filed an appeal for enhancement of compensation, on the ground that the compensation awarded is inadequate and is liable to be enhanced.

(3.) IN brief, the facts of the case are: