JUDGMENT/ORDER

S.G.PANDIT, J. - Though these appeals are listed for orders, they are taken up for final disposal, with the consent of learned counsel for both the parties.

2. NWKRTC is in appeal in MFA No.103125/2019 challenging the contributory negligence as well as quantum of compensation which is excessive and exorbitant. The claimants are also in appeal in MFA No.104034/2019 praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under judgment and award dtd. 10/5/2019 passed in MVC No.14/2016 on the file of the learned Member, MACT, Bagalkot (for short, 'Tribunal').

3. The claimants, who are the wife, children, sister and mother of the deceased Nandalal Surana, filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 seeking compensation for the accidental death of deceased Nandalal Surana, that took place on 3/11/2015 involving Motorcycle bearing registration No.KA-29/V-9186 and NWKRTC Bus bearing registration No.KA-25/F-2988.

4. On issuance of notice, respondent No.1 remained absent and placed exparte. Respondent No.2- NWKRTC appeared through its counsel and filed statement of objections denying the entire claim petition averments. It was contended that the accident occurred due to sole negligence of deceased rider of motorcycle in question. It was further contended that there was no fault on the part of the driver of NWKRTC, who was driving the bus following the traffic rules and regulations. Thus, sought for dismissal of the claim petition.

5. Before the Tribunal, claimant No.1-wife of the deceased examined as PW1 and examined another witness as PW2 apart from marking the documents as Exs.P1 to P17. The respondents examined driver of Bus as RW1 and marked the documents as Ex.R1 & R2. The Tribunal based on the material on record awarded a total compensation of Rs.28, 95, 460.00 with interest at 6% per annum from the date of judgment till realization on the following heads:

6. While awarding the above compensation, the Tribunal determined the income of the deceased at Rs.2.97, 809 per annum, applied multiplier of 11 as the deceased was aged 54 years and deducted 1/4th towards personal expenses of the deceased. The Tribunal held that the accident occurred due to negligence of driver of NWKRTC bus in question and saddled the entire liability on the appellant/Corporation. The appellant-Corporation is in appeal before this Court aggrieved by saddling of liability as well as quantum of compensation which is on the higher side and the claimants are also in appeal praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded by the Tribunal.

7. Sri. M.K. Soudagar, learned counsel appearing for the appellant-Corporation in support of his appeal strenuously contended that the Tribunal committed a grave error in saddling the entire liability on the part of driver of the bus in question, since the accident took place solely due to negligent riding of the motorcycle by the deceased. Further, learned counsel placing reliance on Ex.P3-Spot Panchanama along with sketch map would submit that rider of the motorcycle who was coming from Mahesh Colony entered the main road and bus in question, which was coming from APMC towards Daddennavar cross, dashed to the motorcycle of the deceased. He further submits that the rider of the motorcycle in question ought to have been careful at the junction and without noticing the bus which was coming from APMC towards Daddennavar cross, he entered the main road and caused the accident. It is further submitted that the accident occurred due to sole negligence on the part of the deceased who was riding the motorcycle in question and therefore, contributory negligence is to be fixed to the extent of 90:10 between deceased and NWKRTC.

8. As regards the quantum of compensation awarded by the Tribunal, learned counsel Sri. M.K. Soudagar does not dispute the factum of income of the deceased assessed by the Tribu