KSRTC, THE MANAGING DIRECTOR, REPRESENTED BY ITS CHIEF LAW OFFICER AND AJAJ UDDIR, S/O. AMEER UDDIN, KSRTC BUS DRIVER, BADGE NO. 947 K.R. NAGARA DEPOT. (REPRESENTED BY KSRTC CHIEF LAW OFFICER) Vs. NAGARAJU, S/O. JAVAREGOWDA

JUDGEMENT

(1.) THIS appeal by the Corporation and the driver of the offending bus is directed against the impugned common judgment and award dated 27th December 2006, passed in M.V.C. No. 530/2004, by the II Additional Civil Judge (Sr. Dn) and Motor Accident Claims Tribunal, Mysore, (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 1.24,000/ - awarded in favour of the claimant as against their claim for Rs. 07.75 Lakhs, is excessive and is on the higher side.

(2.) THE claimant claims to be aged about 39 years, working as mason, earning a sum of Rs. 150/ - per day and was hale and healthy prior to the date of accident. That the occurrence of accident at about 7:45 P.M., on 10 -07 -2004 near Nanjundeshwara circle, Kittur village on account of rash and negligent driving by the driver of the KSRTC bus and the resultant, injuries sustained by the claimant are not in dispute. The claimant has sustained fracture of both bones of left leg and other injuries all over the body and was inpatient in the Hospital for about 22 days. The Doctor has assessed the permanent whole body disability at 35.84%.

(3.) I have heard learned Counsel for Appellants and learned Counsel for claimant, for considerable length of time.