MAHADEVA SHETTY Vs. MOQBAL AHAMED

JUDGEMENT

(1.) This is a claimant's appeal against the judgment and award dated 24 -5 -2000 in MVC No. 98 of 1995, on the file of Civil Judge (Sr Dn) and MACT Nanjangud. The claimant had filed the said claim petition alleging that on 4 -6 -1995 he was traveling in KSRTC bus bearing No KA -01 F -5097 from B R Hills; that at that time on account of the rash and negligent driving of the said bus by its driver, the bus plunged into a ravine near Gavibore, resulting in serious injuries to the spinal cord of the claimant, making him a paraplegic. He therefore, sought a compensation of Rs. 9.83 lakhs. The driver and the owner of the bus were made respondents 1 and 2 respectively.

(2.) The second respondent [KSRTC] resisted the petition contending that the accident was on account of an act of God.

(3.) The tribunal framed appropriate issues regarding negligence, entitlement of compensation and quantum. The claimant gave evidence as P.W. 1 and the doctor, who treated the claimant was examined as P.W. 2. Ex. P1 to 41 were marked on behalf of the claimant. On behalf of the respondents, no evidence was let in.