Pradeep D. Waingankar, J.:— This appeal by the appellant-KSRTC is against the judgment and award dated 14.2.2008 in M.V.C No. 274/2007 on the file of Fast Track Court and Additional MACT at Koppal.
2. By the impugned judgment and award, the tribunal recorded a finding that the accident and the resultant injuries sustained by the claimant is due to rash and negligent driving by the driver of the KSRTC bus and thereby the tribunal awarded a total compensation of Rs. 1,86,800/- to the claimant.
3. The KSRTC has not taken exception to the quantum of compensation awarded by the tribunal. What has been seriously challenged by the KSRTC is total negligence attributed to the driver of the KSRTC Bus though the accident occurred on account of the negligence of the claimant as he was under the influence of liquor. Admittedly the claimant was traveling in the said KSRTC bus. It is borne out from the records that on account of rash and negligent driving of the KSRTC bus, the hind portion of the bus jumped to such an extent that the head of the claimant, who was sitting on the back side, hit the top of the bus. In that case, it is purely due to rash and negligent driving of the KSRTC bus by its driver. No negligence can be attributed to the claimant-passenger who was traveling in the bus. Merely because, he was under the influence of liquor. I do not find fault or irregularity with the tribunal in recording a finding attributing total negligence on the part of the driver of KSRTC bus.
4. I have also gone through the other material placed on record so as to find out whether the tribunal is justified in awarding a total compensation of Rs. 1,86,800/-. On my re-appreciation of evidence, the compensation of Rs. 1,86,800/- awarded by the tribunal also appears to be just and reasonable and no interference is called for. The appeal is bereft of merit and the same is hereby dismissed.
5. The amount in deposit shall be transmitted to the tribunal.
6. Send the records forthwith to the tribunal.