The main legal point established in the judgment is the assessment of negligence and contributory negligence in a motor accident case, leading to the enhancement of compensation.

VENKATACHALIAH, J.

( 1 ) THIS appeal, for enhancement of compensation, by the claimants, arises out of the Judgment and Award dt. 3-9-85, made in MVC 133 of 1983, on the file of the Motor Accidents Claims tribunal, Dharwar, granting to the dependants of the deceased-person, a compensation of Rs. 40000/ -. While the appellant-claimants complain of inadequacy of the compensation and seek enhancement, the owner of the motor vehicle, viz, the Karnataka State Road Transport corporation, is aggrieved by the Award even to the extent it goes, on the ground that the finding of the. Tribunal as to actionable-negligence is erroneous and calls for interference in appeal and that, at all events, there ought to have been a mitigation of damages for contributory-negligence on the part or the victim himself.

( 2 ) THE appellant-claimants are the widow and two minor children of a certain Narayana Rao, who died as a result of the injuries sustained in an accident that occurred on 21-12-1982, at 12-30 P. M. in Hubli town, in front of the main-gate of the K. M. C. Hospital. It would appear that the wife of the deceased-person viz, the first-appellant was herself undergoing treatment as an in-patient at the K. M. C. Hospital and that the deceased-person who was attending to his wife at the hospital went out to a catering establishment nearby for some refreshments. While he was crossing the road, he was knocked down by the bus of the KSRTC. The appellants brought the present claim for compensation before the Tribunal.

( 3 ) THE Tribunal, on a consideration of the evidence, held that the accident was attributable to the actionable-negligence on the part of the driver of the bus. In the matter of quantification of compensation, the Tribunal took note of the circumstance that the deceased Narayana Rao, then aged 43 years, was working as a Postal-Assistant and, according to the evidence of the superintendent of Post Offices (D. W-1), was receiving Rs. 936-70ps as emoluments. The tribunal determined the loss of dependency at Rs 300/- per month and turned it into a lumpsum on 10 years purchase. No award was made for "loss of Expectation of life" and for 'funeral expenses and obsequies'. On the contentions urged at the hearing, the points that fall for determination in this appeal and the Cross-Objections are :

(a) Whether the finding of the Tribunal as to the actionable-negligence of the driver of the bus is erroneous and requires to be reversed in appeal ? or whether, at all events, the victim himself was guilty of contributory-negligence and that, accordingly, the compensation would require to be mitigated : and,

(b) Whether the amount of compensation determined and awarded by the Tribunal is inadequate and calls for an upward revision in favour of the claimants ?

( 4 ) RE : Contention - (a):

The accident occurred in a very busy locality of Hubli City in front of the main gate of the k. M. C Hospital. The version of the driver of the bus (DW-2) is that the deceased-person suddenly darted into the middle of the road, coming in the way of the bus and invited the tragedy upon himself. We are afraid this is an attempt at over simplification of the situation A driver, particularly of a public transport vehicle, is expected to have a proper look-out and provide for the safety of the other users of the road. In a busy city, a driver must anticipate and provide for the more common follies of other users of the road. In crowded city roads it is not unoften that pedestrians dart across the road, cyclists and scooterists attempt to weave a zig-zag path between other moving vehicles; school children who are left to fend for themselves, cross the streets unmindful of the hazards of traffic; and all these are a part of the realities of the urban predicament, which any driver, more particularly of a public transport system, ought to be cognizant of. He must keep his anticipatory reflexes geared to be able to stop the vehicle at a very short-notice. Roads are not mea

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