Negligence in road accidents determined liability resting on the vehicle driver; enhanced compensation calculated based on updated notional income and established legal principles.

ORAL JUDGMENT :

VENKATESH NAIK T. J.

As these appeals are arising out of common judgment and award of the Tribunal, they are heard together and disposed off by this common judgment.

2. Miscellaneous First Appeal Nos.3885 of 2020 and 3644 of 2020 are filed by the Karnataka State RoadTransport seeking reduction of the compensation awarded by the Tribunal on the ground of negligence and quantum of compensation awarded by the Tribunal, whereas Miscellaneous First Appeal Nos.1796 of 2021 and 2467 of 2022 are filed by the claimants of the rider and the pillion rider, respectively, seeking enhancement of compensation awarded by the Tribunal.

3. For the sake of convenience, the parties herein are referred to as they are referred to in the claim petitions before the Tribunal.

4. The brief facts of the case are that on 21-10-2018 at 1:00 a.m., on Kolar-Bengaluru NH-75 Banamakkanahalli Gate, Nandagudi Hobli, Hosakote Taluk, Sri M. Laxminarayana, rider of the motorcycle (hereinafter referred to as 'deceased') was riding motorcycle, bearing Registration No.KA-04 EN-1322, along with Sri C. Krishnappa, as a pillion rider, at that time, a KSRTC bus, bearing Registration No.KA-10 F-0378, driven by its driver, came in a rash and negligent manner and dashed against the motorcycle, due to which, the rider and the pillion rider sustained injuries and both died on the spot. This led to registration of an F.I.R. and investigation. Hence, the dependents of the rider and the pillion rider filed the claim petitions under Section 166 of the MOTOR VEHICLES ACT , 1988, before the Tribunal.

5. Ms. H.R. Renuka, learned counsel for the Corporation, vehemently contended that, the Tribunal has wrongly held that the driver of the bus was solely responsible for the accident. This finding has been rendered ignoring the contentions raised by the Corporation which is supported with documentary evidence. The Corporation examined the driver of the bus, who deposed that accident occurred on a National Highway and that the rider of the motorcycle came from left side, i.e. service road and entered the main road. As per Ex.P5-sketch, the bus was proceeding from Kolar towards Bengaluru, which is straight road and a National Highway. Therefore, the rider of the motorcycle was solely responsible for the accident. Further, the Tribunal hasawarded high and exorbitant compensation on the conventional heads along with interest at the rate of 9% per annum and the interest has to be reduced to 6%. Hence, she prayed for allowing Miscellaneous First Appeal Nos.3885 of 2020 and 3644 of 2020.

6. Sri K.T. Gurudeva Prasad, learned counsel for the claimants, vehemently contended that the Tribunal has considered the notional income of the both the deceased at Rs.8,000/- per month which is on lower side. Further, the Tribunal has awarded meager compensation under the head of 'loss of consortium'. Hence, he prayed for allowing Miscellaneous First Appeal Nos.1796 of 2021 and 2467 of 2022.

7. Heard the learned counsel for both parties and perused the judgment and award of the Tribunal.

8. There is no dispute regarding the death of the rider and the pillion rider in a road traffic accident. The Corporation has taken contention that there was negligence on the rider of the motorcycle and therefore, the liability should be fastened on the insurer of the motorcycle. Hence, the following points arise for our consideration in these appeals:

i. Whether the Corporation proved that accident occurred solely on account of negligence on the rider of the motorcycle?

ii. Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement, or reduction?

9. Insofar as the negligence is concerned, the learned counsel for the Corporation contended that on the date of accident, the driver of the bus was proceeding from Kolar to Bengaluru, which is National Highway and the rider of the motorcycle suddenly entered the road. Hence, the accident occurred.

10. From perusal of an