KUMARI LAXMISREE Vs. MANAGING DIRECTOR, KSRCTC DEPOT

JUDGEMENT

(1.) Leave granted

(2.) This appeal is directed against the judgment and order dtd. 17/4/2023, passed in Miscellaneous First Appeal No. 10130/2018 (MV-I) by the High Court of Karnataka at Bengaluru, which, in turn was preferred against the order dtd. 26/9/2018 in M.V.C No.982/2015 passed by the Motor Accident Claims Tribunal, Bengaluru City, SCCH-4.

(3.) The brief facts giving rise to this appeal are that on 11/8/2013, the claimant-appellant, then aged 12 years, after practising dance class for the Independence Day Program at her school, was returning home in an auto- rickshaw at Tuppadamaduvina Gate, Bindiganavile, Nelamangala. While crossing the road after alighting from an auto-rickshaw, the KSRTC Bus (hereinafter referred to as the "offending vehicle") bearing registration number K.A.09.F.3563 collided with the claimant-appellant in a rash and negligent manner, dragging her for a certain distance. Consequently, the front wheel of the offending vehicle ran over both her legs and caused multiple injuries to the claimant- appellant. She initially received first aid at Nelamangala Hospital, was then transferred to the Beluru IT Hospital, and, subsequently, shifted to Hosmat Hospital, where she was treated for two months in the ICU. On account of multiple fractures and injuries suffered, both the legs of the claimant-appellant above the knee were amputated.