MANAGING DIRECTOR, NEKSRTC Vs. TIPPANNA

JUDGEMENT

(1.) These two Miscellaneous First Appeals arise out of a judgment and award in MVC No.125/2016. While the claimant is before this Court seeking enhancement of compensation, the Managing Director- North East Karnataka State Road Transport Corporation, on whom the liability is fastened, is before this Court challenging the quantum awarded by the Motor Accident Claims Tribunal.

(2.) For the sake of convenience, the parties will be referred to as the appellant-claimant and the respondent - Corporation.

(3.) The brief facts of the case are that the claimant, on 31.01.2016 at about 1.30 p.m. was proceeding towards his village Gulbal in an autorickshaw bearing Reg.No.KA-33 A 4346 from Hunasagi near the Indian Gas Shop. At that time, a bus belonging to the respondent - Corporation bearing Reg.No.KA-32 F-0275 coming from the opposite side, dashed against the autorickshaw and due to the impact, the occupants of the autorickshaw sustained grievous injury. The claimant was taken to Government General Hospital, Hunasagi and was administered first aid and was referred for further treatment. Thereafter, the claimant was admitted at G.S. Kulkarni Hospital, Miraj. It was found that the claimant has suffered fracture and he was treated as an inpatient for two months. On 01.02.2016 the right leg had to be amputated. Thereafter, the claim petition was filed seeking compensation of Rs.76,00,000/-. It was the contention of the claimant that he was working as a Mason and also as an agricultural coolie and was earning Rs.20,000/- per month and due to the accident he is confined to bed and is unable to work and he incurred medical expenses of more than Rs.10,00,000/-.