BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, REPRESENTED BY ITS EXECUTIVE ENGINEER Vs. C.V. SHASHIDHAR S/O. C. VENKATASWAMY REDDY AND THE DIRECTOR, KARNATAKA GOVERNMENT INSURANCE DEPARTMENT, MOTOR BRANCH

JUDGEMENT

(1.) THESE two appeals respectively by the claimant and the BESCOM are directed against the same impugned judgment and award dated 23rd June 2005, passed in M.V.C. No. 473/1999, by the Member, V Additional Motor Accident Claims Tribunal, Court of Small Causes, Mayo Hall Unit, Bangalore (SCCH -20), (for Short, Tribunal), awarding compensation of Rs. 3,65,00/ - to the claimant, as against his claim for Rs. 10.00 lakhs.

(2.) WHILE the claimant has filed the appeal on the ground that the compensation awarded is inadequate and needs enhancement, BESCOM has filed the appeal on the ground that the Tribunal is not justified in fastening the entire liability on the BESCOM, without fixing any percentage of contributory negligence on the part of the rider of the motor cycle.

(3.) IT is the case of the claimant that, on account of the injuries sustained in the accident, he has taken treatment as in -patient in the Hospital for a period of 68 days and underwent two surgeries and was also admitted to ICU for three weeks, where he was fully unconscious. During this period, he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.