2008 Supreme(SC) 656

2008(3) Supreme 6
SUPREME COURT OF INDIA
K.G. Balakrishnan, CJI., R.V. Raveendran, J.
Sri Krishna Vishweshwar Hede — Petitioner
versus
The General Manager, K.S.R.T.C. — Respondent
Appeal (civil) 2823 of 2008
Decided on: 15.04.2008

IMPORTANT POINT
Where in a motor accident compensation claim, Tribunal held that both appellant claimant and bus driver of offending vehicle were liable and fixed ratio of liability at 50% each but, High Court modified ratio by increasing liability of appellant at 75% without much Justification, then in view of facts and circumstances of case held that judgment of Tribunal assessing ratio of liability at 50:50 was proper.

Headnote:Motor Accident Claim — Collision between motor cycle driven by appellant and a bus belonging to ‘KSRTC’ — Compensation claim by appellant for injuries sustained by him in motor accident — Tribunal holding that there was contributory negligence on part of appellant fixed responsibility for accident in ratio of 50:50 on driver of bus and appellant assessed total compensation as Rs.2,32,254/- and in view of contributory negligence to an extent of 50%, it awarded a compensation of Rs.1,16,127/- with interest — Appeal — High Court allowing appeal in part, increased liability of appellant for accident to 75% and reduced liability of bus driver to 25%-Appeal-After detailed consideration of evidence, Tribunal had held that both appellant and bus driver were liable and fixed ratio of liability at 50% each — However, High Court modified ratio by increasing liability of appellant at 75% without much Justification-In view of facts and circumstances of case held that judgment of Tribunal assessing ratio of liability at 50:50 was proper and High Court ought not to have interfered with it-Impugned judgment of High Court set aside and that of Tribunal restored — Appeal allowed. (Paras 4, 5)

       Facts of the Case :

        1. Appellant herein in the instant case filed a compensation claim for injuries sustained by him in a motor accident, a collision between motor cycle driven by him and a bus belonging to Karnataka State Road Transport Corporation .The Tribunal held that there was contributory negligence on part of appellant and fixed responsibility for accident in ratio of 50:50 on driver of bus and appellant. KSRTC, owner of bus challenged said award by filing an appeal. The High Court allowed appeal in part, and increased liability of appellant for accident to 75% and reduced liability of bus driver to 25%.

        2. Present appeal has been filed against said order of High Court .

       Findings of the Court :

        After detailed consideration of evidence, Tribunal had held that both appellant and bus driver were liable and fixed ratio of liability at 50% each. However, High Court modified ratio by increasing liability of appellant at 75% without much Justification. In view of facts and circumstances of case held that judgment of Tribunal assessing ratio of liability at 50:50 was proper and High Court ought not to have interfered with it. Impugned judgment of High Court was set aside and that of Tribunal was restored. Appeal was allowed.

       Result : Appeal allowed.