The main legal point established is the application of legal principles related to contributory negligence, burden of proof, and calculation of compensation in motor accident cases.

JUDGMENT

Alok Aradhe, J. - M.F.A.No.6447/2016 has been filed by the Insurance Company, whereas M.F.A.No.5729/2016 has been filed by Karnataka State Road Transport Corporation (hereinafter referred to as 'the KSRTC' for short). Since, both the appeals arise out of the accident, which took place on 23.04.2012 as well as from the judgment dated 27.04.2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal', for short), they were heard together and are being decided by this common judgment.

2. Facts leading to filing of these appeals briefly stated are that on 23.04.2012, deceased Johnson P.S. was proceeding as pillion rider in motor cycle bearing registration No.KA05-HF-7820 towards Belthangady side. When they reached near Kasba Village at about 8.45 p.m., the rider of the motor cycle drove the motor cycle in a rash and negligent manner and dashed against KSRTC bus bearing registration No.KA19-F-2489, which was being driven in a high speed and in a rash and negligent manner from opposite direction. Both the vehicles collided with each other and the occupants of the motor cycle were thrown on the road and sustained grievous injuries and succumbed to the injuries on spot.

3. Thereupon, the claimants filed a petition under Section 166(1) of the Act seeking compensation inter alia on the ground that deceased Johnson P.S. at the time of accident was aged about 20 years and was a student of 2nd year BSc course in SDM College from Ujire. It was also pleaded that deceased was doing a part time job and earning a sum of Rs.8,000/- per month. It was also pleaded that the accident took place on account of rash and negligent driving of the rider of the motor cycle and the driver of the KSRTC bus and respondent Nos.1 to 3 are liable to pay compensation. A sum of Rs.30 Lakhs was claimed by way of compensation along with interest.

4. The respondent No.1 did not enter appearance and was proceeded exparte. The respondent No.2, the insurance company did not file any written statement. The respondent No.3 viz., the corporation filed the written statement in which it was pleaded that accident took place entirely due to rash and negligent driving of the rider of the motor cycle and it was denied that the driver of the bus drove the bus in a rash and negligent manner. It was also pleaded that the driver of the bus was on extreme left hand side of the road and tried to avoid the accident but the motor cycle and its rider lost the control and hit the bus. It was also pleaded that the amount of compensation claimed is excessive and exorbitant and the rate of interest is also on the higher side.

5. The Claims Tribunal on the basis of the pleadings of the parties, framed issues and recorded the evidence. The claimants in order to prove their case examined one of the claimant's viz., Mary as PW1 and exhibited 21 documents viz., Ex.P1 to Ex.P21, whereas, the corporation examined the driver of the bus Babu Ramdas Rathod and exhibited three documents viz., Ex.R1 to R3. The Tribunal vide impugned judgment held that the accident took place on account of rash and negligent driving of the rider of the motor cycle as well as the driver of the bus. It was further held that claimants are entitled to compensation of Rs.15,12,000/- along with interest at the rate of 9% per annum. In the aforesaid factual background, the Insurance Company as well as the Corporation are in appeal before us.

6. Learned counsel for the Corporation submitted that from perusal of the First Information Report as well as the charge sheet, which was filed against the driver of the motor cycle and the spot sketch Ex.P5, it is evident that the rider of the motor cycle drove the motor cycle to the extreme right side of the road and dashed the bus, which was proceeding on the left side of the road. It is further pointed out that the accident has taken place when the bus was nearly four feet away from the left side of the road and therefore, the driver of the bus ca