THE MANAGING DIRECTOR Vs. MUSTAQ AHMED @ MUSTAQ

JUDGEMENT

(1.) M.F.A.No.4877/2016 has been filed by the Managing Director, Bangalore Metropolitan Transport Corporation (hereinafter referred to as 'BMTC' for short), whereas, M.F.A.No.4826/2016 has been filed by the claimant seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal vide judgment dated 21.03.2016. Since, both the appeals arise out of the same accident, they were heard analogously and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 28.02.2014, the claimant was riding motorcycle bearing Registration No. KA-02-HN- 3672015 on Madiwala Main Road. When he reached near St.Anthony's Church, Madiwala, a BMTC Bus bearing registration No.KA-57-F-1213, which was being driven by its driver in a rash and negligent manner came from the opposite direction and dashed against the motorcycle of the claimant. As a result of which, the claimant fell down from the vehicle and sustained severe injuries and was immediately hospitalized. He remained inpatient for a period approximately 30 days.

(3.) The claimant filed a petition under Section 166 of the Act on the ground that the he at the time of the accident was aged about 25 years and was a student as well as a part time employee at M/s Aditya Birla Minacs Worldwide Ltd., Bangalore and was earning Rs.10,917/- p.m. On account of the injury sustained in the accident, he has lost his source of income. Accordingly, the claimant claimed compensation to the tune of Rs.30,00,000/- along with interest.