BENGALURU: sketch of the spot, photographs and other evidence proved costly to a motorcyclist in a 15-year-old accident case, with the Karnataka high court reducing the compensation awarded to him by three quarters.
After sifting through the material before it, the high court recently held that there was 75% contributory negligence on his part as he had swerved to the extreme right of the road and dashed against a KSRTC bus coming from opposite direction.
Justice Lalitha Kanneghanti directed the KSRTC to pay a reduced compensation Rs 84,500 with 6% interest, i.e, 25% of the Rs 3.4 lakh compensation awarded by a tribunal to claimant Veerabhadra alias Veerabhadraswamy, a resident of Kanakapura town.
The tribunal at Bengaluru had held that the rider was guilty of 10% contributory negligence and was responsible for causing the accident.
Veerabhadra had suffered serious injuries in the accident that occurred on March 4, 2008 near Chikkagowdanahalli village, close to his hometown, when his motorcycle dashed against the KSRTC bus coming from Sathanur towards Kanakapura.
Veerabhadra had sought Rs 10 lakh compensation, citing that he had incurred huge expenses towards his medical treatment and recuperation among others, but the tribunal by its order dated July 28, 2011 said he was entitled to receive Rs 3.4 lakh as relief. The KSRTC was told to pay up the compensation, holding that there was 90% negligence on the part of its driver and 10% was on the part of the claimant.
The KSRTC appealed against the order before the HC, contending that the tribunal’s decision is contrary to evidence placed before it. However, Veerabhadra remained absent.
Justice Kanneghanti noted that as per the spot sketch, the right front wheel of the bus was on the footpath, right rear wheel was on the tar road and the motorcycle was lying beneath the front bumper of the KSRTC bus.
“In view of the same, this court is inclined to apportion the negligence at 75% on the claimant and 25% on the driver of the KSRTC bus,” the judge said, while partly allowing the appeal filed by the KSRTC.
After sifting through the material before it, the high court recently held that there was 75% contributory negligence on his part as he had swerved to the extreme right of the road and dashed against a KSRTC bus coming from opposite direction.
Justice Lalitha Kanneghanti directed the KSRTC to pay a reduced compensation Rs 84,500 with 6% interest, i.e, 25% of the Rs 3.4 lakh compensation awarded by a tribunal to claimant Veerabhadra alias Veerabhadraswamy, a resident of Kanakapura town.
The tribunal at Bengaluru had held that the rider was guilty of 10% contributory negligence and was responsible for causing the accident.
Veerabhadra had suffered serious injuries in the accident that occurred on March 4, 2008 near Chikkagowdanahalli village, close to his hometown, when his motorcycle dashed against the KSRTC bus coming from Sathanur towards Kanakapura.
Veerabhadra had sought Rs 10 lakh compensation, citing that he had incurred huge expenses towards his medical treatment and recuperation among others, but the tribunal by its order dated July 28, 2011 said he was entitled to receive Rs 3.4 lakh as relief. The KSRTC was told to pay up the compensation, holding that there was 90% negligence on the part of its driver and 10% was on the part of the claimant.
The KSRTC appealed against the order before the HC, contending that the tribunal’s decision is contrary to evidence placed before it. However, Veerabhadra remained absent.
Justice Kanneghanti noted that as per the spot sketch, the right front wheel of the bus was on the footpath, right rear wheel was on the tar road and the motorcycle was lying beneath the front bumper of the KSRTC bus.
“In view of the same, this court is inclined to apportion the negligence at 75% on the claimant and 25% on the driver of the KSRTC bus,” the judge said, while partly allowing the appeal filed by the KSRTC.
