PANDURANGA VAIDYA Vs. MARKANDAPPA KUMAR

JUDGEMENT

(1.) By this appeal, the claimant has sought for enhancement of compensation being aggrieved by the judgment and award passed by the learned III MACT, Bellary in MVC No.932/2012 dated 25.10.2013.

(2.) It is contended by the petitioner/claimant that on 27.01.2012 at about 5.45 a.m. he was proceeding in a KSRTC bus bearing Registration No. KA- 32/F-1738 from Hospet to Kudligi as a conductor. When the bus was proceeding on NH-63 near SMIORE Factory, the driver of the bus drove the bus in a rash and negligent manner and lost control over the vehicle and dashed against the tractor and trailer, which was ahead of the bus. In the said accident, the petitioner sustained grievous injuries and shifted to Primary Health Care Centre, Hospet and thereafter to a private hospital. It is contended that the petitioner spent a sum of Rs.4,00,000/- towards medical expenses and other follow-up expenses to the tune of Rs.1,50,000/-. It is further contended that he was drawing a salary of Rs.18,000/- per month and due to the injuries suffered by him in the accident, there is a permanent disability and disfigurement due to which he lost his job of conductor and was given a job of a clerk in KSRTC and he sought for compensation to the tune of Rs.27,00,000/-.

(3.) Notice was issued in the claim petition. Respondent No.1/the driver of the bus remained exparte and respondent No.2/Divisisional Controller, NWKRTC appeared and filed statement of objections denying the petition averments. It is also contended that the accident has not occurred on account of negligent driving of the driver of the bus but on account of negligent driving of the tractor. It is further contended that the 2nd respondent/corporation has already paid Rs.1,20,000/- to the petitioner towards medical expenses and accommodated him as a clerk instead of conductor and managing the same salary. As such, the petitioner is not put to any hardship or injury and thus, prayed for dismissal of the petition.