The court modified the contributory negligence to 10% against the motorcyclist and established the total compensation as Rs.14,22,047/- with interest, emphasizing adherence to established legal principles on joint tortfeasors and loss calculations.

ORAL JUDGMENT :

This appeal is filed against the award dated 04.09.2018 passed in MVC No.651/2017 by the Additional District Judge and Addl. Motor Accident Claims Tribunal,, Udupi (Sitting at Kundapura) [for short 'Tribunal'].

2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal.

3. Smt. Jattu Bhaskar Naik was travelling as a pillion rider had met with an accident on 03.01.2017 and succumbed to injuries. Her son and daughters filed claim petition claiming compensation of Rs.25,95,000/- with interest at the rate of 12% p.a. from the date of accident till realization.

4. The Tribunal considered the entire evidence on record and granted compensation of Rs.10,06,000/- with interest at 6% p.a. from the date of petition till the date of payment and further it was held that there is composite negligence on the part of driver of offending vehicle and driver of the Volvo bus. It is also held that respondent Nos.1 and 2 are directed to deposit 50% of the compensation amount and remaining 50% of the compensation amount shall be paid by the rider of the motor cycle. Aggrieved by the said order, the present appeal is preferred in which it is contended that Smt. Jattu Bhaskar Naik was aged 45 years and was working as labour in Sri Ganesh Cashew Industries and earning Rs.12,000/- p.m. Further, it is contended that the Tribunal has erred in fixing the contributory negligence and is contrary to the dictum of the Hon'ble Apex Court as the deceased was travelling as a pillion rider and accident was occurred due to rash and negligent act on the part of the driver of the bus bearing registration No.KA-19-AB-1908.

5. It is further stated that even the accident has occurred due to negligence on the part of joint tortfeasors, the deceased is a third party and as such, her legal heirs are entitled for compensation. The driver of the bus did not give any complaint against the rider of the motor cycle and the Tribunal erred in fixing the negligence of 50% on part of rider of motorcycle.

6. It is further submitted that the compensation awarded by the Tribunal is inadequate and disproportionate. The claimants have produced the salary certificate of their deceased mother to show that she is earning Rs.12,000/- p.m. and no amount is granted under the head 'loss of future prospects'. It is further contended that the Tribunal has erred in considering the compensation awarded under the head 'loss of dependency' and the amount granted under the head 'Transportation and funeral expenses' is meagre and thus, request to enhance the compensation.

7. Heard the arguments on both sides and perused the material on record.

8. The manner of accident reveals that the rider of the motorcycle is the son of deceased Jattu Bhaskar Naik and both of them travelling on a motorcycle bearing registration No.KA- 47-S-1764 and deceased Jattu Bhaskar Naik was a pillion rider. When they reached near Bangaramakki, Janatha Colony, Murudeshwara, Bhatkal Taulk, a Volvo bus bearing registration No.KA-19-AB-1908 came from Bhatkal side towards Honnavara side in a high speed and rash and negligent manner and due to over speed, the driver of the bus lost control over it and came to the extreme left side mud portion of NH-66 and dashed against the motor cycle and due to the said impact, the said Jattu Bhaskar Naik and the motor cycle fell on the mud portion of the road and both of them were sustained injuries. Immediately, she was shifted to RNS Hospital, Murdeshwara and then shifted to KMC hospital and thereafter shifted to Govt. Wenlock Hospital, Mangalore