SHIVAPRASAD, S/O SRI T.B. CHANDRASHEKARMURTHY Vs. THE MANAGING DIRECTOR, K.S.R.T.C., K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027

JUDGEMENT

(1.) THESE two appeals respectively by the Corporation and the Claimant are directed against the same impugned judgment and award dated 5th September 2006, passed in MVC No. 7743/2005, on the file of the V Addl. MACT, Mayo Hall unit, Bangalore (SCCH. No. 20), (for short. 'Tribunal'), awarding compensation of Rs. 7,03,000/ - to the claimant, as against his claim for Rs. 50.00 lakhs. While the Corporation has filed the appeal on the ground that the compensation awarded by Tribunal is excessive, exorbitant and is therefore liable to be substantially reduced, the claimant has filed the appeal on the ground that the compensation awarded is inadequate and needs enhancement, by modifying the impugned judgment and award passed by Tribunal.

(2.) THE facts in brief are that, the claimant claims to be aged about 43 years, running a travel agency, earning a sum of more than Rs. 10.000/ - per month. He was hale and healthy prior to the date of accident. That at about 6:30 P.M., on 03 -08 -2005, when the claimant was proceeding on his Honda Activa bearing No. KA -01/Y -4417, on A.V. Road, near VRL Travels Office. Kalasipalyam, Bangalore, he met with an accident on account of rash and negligent driving by the driver of a KSRTC Bus bearing Registration No. KA -01/F -6896, due to which, he fell down and sustained grievous injuries. Immediately he was shifted to KIMS Hospital, for first aid treatment and thereafter, to Manipal Hospital, where was in -patient for nearly 76 days and underwent several surgeries. PW3 - Doctor has assessed the permanent physical disability towards lower limb at 40% and whole body disability at 15%. It is the case of the claimant that he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

(3.) SHRI . F.S. Dabali, learned counsel appearing for the Corporation vehemently submits that the liability fastened on the Corporation cannot be sustained and is liable to be set aside at the threshold for the reason that, the road, i.e. East to West direction on A.V. Road, where the accident occurred, is a one way traffic and the claimant came from the opposite direction, by violating the traffic rules and regulations on the left side of the bus and in view of the same, the claimant lost control and fell down from his vehicle, which he was riding and this aspect of the matter has neither been considered nor appreciated by Tribunal. Further, he submits that the Tribunal also erred in awarding a sum of Rs. 1,17,000/ - towards loss of future income, for the reason that the claimant is a business man, inasmuch as running a travel agency. His business is not affected as he can carry on the same sitting in the chambers. Therefore, the said compensation awarded by Tribunal is liable to be set aside and the impugned judgment and award passed by Tribunal is liable to be modified accordingly.