Accident--Negligence--Contributory Negligence--Apportionment of Compensation--Deceased boarded the bus when it was moving at a place, other than the bus stop--Bus was moving at a high speed, on account of which deceased fell down and sustained injuries--Tribunal fixing the contributory negligence at 20% on the part of deceased, is on the lower side--However, having regard to oral and documentary evidence, particularly, taking into consideration of evidence of PW 2, contributory negligence re-assessed on part of deceased at the rate of 30% and 70% on part of driver of offending vehicle to meet ends of justice--Claimants held entitled to total compensation of Rs. 8,98,312/- as against Rs. 6,51,000/- awarded by the Tribunal--Out of which, if 30% (Rs. 2,69,494/-) is deducted towards contributory negligence on the part of deceased, the total compensation payable to claimants comes to Rs. 6,28,818/- as against Rs. 5,20,800/- awarded by the Tribunal--The enhanced compensation comes to Rs. 10,80,18/- with interest at 6% p.a. from date of petition till the date of realization--The corporation is directed to deposit enhanced compensation with interest--Motor Vehicles Act, 1988, Ss.166 & 168.; S.B. Rajamani v. Managing Director, Bangalore Metropolitan Transport Corporation : 2012(1) Law Herald (Acc.) 728 (Karnataka)
Posted on: Fri, 12 Jul 2013 12:21:45 +0000
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