THE DIVISIONAL CONTROLLER, NWKRTC, DHARWAD DIVISION Vs. MALLIKARJUN

JUDGEMENT

(1.) The NWKRTC, Dharwad (for short 'Corporation') being aggrieved by the judgment and award dated 22.02.2018 passed in MVC No. 2350/2015 on the file of Principal Senior Civil Judge and Member, Additional MACT, Saundatti, has filed this appeal.

(2.) The respondent/claimant filed the claim petition before the Tribunal claiming compensation for the injuries suffered in motor vehicle accident. It is the case of the claimant that on 30.12.2014, he was the driver of the tractor bearing registration No.KA-24/TA 247 attached with the trailer bearing No.KA24/TA 248 belonging to one Kallappa. When he was returning to Saundatti on Soundatti-Dharwad road in a moderate speed by following the traffic rules and regulations on the left side of the road, near the land of one Anand Mudakappa Sankad, the KSRTC bus bearing registration No.KA-25/F-3130 came in a rash and negligent manner from the opposite direction and dashed against the right side of the tractor, resulting the right side engine and wheel sustaining damage and the engine gear box brokeh. In the said accident, he fell down from the tractor and sustained grievous injuries. He was immediately shifted to Government Hospital, Saundatti and thereafter was shifted to Sri Hospital, Saundatti, wherein he took further treatment and he spent Rs.1,50,000/- for his treatment. After the accident, he is not able to stand and work properly. Prior to the accident, he was hale and healthy and use to fetch Rs.300/- per day and used to earn Rs.18,000/- p.m. from agriculture and driving work. Due the fracture on right patella, he is unable to work and stand for long time and distance and unable walk longer distance and also unable to do any laborious work. Therefore he claimed compensation against NWKRTC.

(3.) In response to the notice, respondent appeared through the counsel and filed objections denying the averments made in the claim petition. It is contended that the petitioner being the driver of the tractor and trailer drove the same in high speed and in a rash and negligent manner and dashed to the bus and there is no rash and negligent driving on the part of the driver of the bus. Therefore there is no question of paying compensation to the petitioner. The petitioner lodged the false complaint against the driver of the bus. It is further contended that the petitioner was not holding valid and effective driving licence to drive tractor and trailer. Therefore, claim petition be dismissed. On the basis of the pleadings of the parties, the Tribunal framed issues.