CHANDRAIAH, K.G., S/O. GANGADHAR Vs. THE DIVISIONAL MANAGER, BANGALORE METROPOLITAN TRANSPORT CORPORATION (BMTC)

JUDGEMENT

(1.) THESE two appeals are filed challenging the correctness of the judgment and award dated 01.06.2006 passed in MVC No. 3202/2002 on the file of the MACT (SCCH -2), Bangalore.

(2.) APPEAL in MFA No. 13460/2006 is filed by Bangalore Metropolitan Transport Corporation (for short 'BMTC'), seeking to restrict the compensation awarded by the Tribunal to Rs. 23,000/ - with interest at 6% p.a. and Appeal in MFA No. 12887/2006 is filed by the claimant seeking enhancement of compensation awarded by the Tribunal.

(3.) THE brief facts leading to these appeals are as under: The Petitioner/claimant is one of the passengers in the bus belonging to the Respondent -BMTC bearing registration No. KA.01.F.238. On 02.05.2002 at about 8.00 a.m., when the claimant was travelling in the said bus, the same met with an accident causing injuries to him and also several other passengers travelling in the said bus, at the relevant point of time. The accident in question and the injuries suffered by the claimant in the said accident are not in dispute. The Petitioner/claimant has suffered fracture of left side mandible. The said injury is also not in dispute and it is also not in dispute that the claimant was admitted to Sanjeevini Nursing Home on 02.05.2002 and he was inpatient in the said hospital till 10.05.2002, where he has undergone surgery for re -fixing the fractured mandible.