The Divisional Controller KSRTC Mangalore Division, Mangalore vs Netra and Javaramma and The Manager, The Oriental Ins. Company Ltd.

B. Sreenivase Gowda

This appeal is by the Corporation challenging the judgment and award of the Tribunal on the ground of negligence.

Learned Counsel for the appellant fairly submits, although appellant is not aggrieved by the quantum of compensation of Rs. 10.000/- awarded by the Tribunal, he had to prefer this appeal and challenge the impugned judgment and award made by the Tribunal, as there are two more claim petitions arising out of the same accident and the finding of the Tribunal holding accident was occurred due to contributory negligence of 50% on the part of the driver of KSRTC will come in the way of challenging the judgments and awards passed by the Tribunal in those claim petitions in which quantum of compensation awarded is more and the appeal may be disposed of with an observation that this will not come in the way of appellant challenging the judgment and awards made in the other cases arising out of the same accident.

Accordingly, appeal stands disposed of with an observation that the dismissal of this appeal will not come in the way of appellant challenging the judgments and awards passed in other cases arising out of the same accident both on negligence as well as quantum.

Amount in deposit: is ordered to be transferred to the Tribunal for disbursement in favour of the claimant in terms of the award of the Tribunal.