JAYARAMU Vs. K.P.LAVA

JUDGEMENT

(1.) M.F.A.No.7108/2019 has been filed by the claimant seeking enhancement of the amount of compensation, whereas, M.F.A.No.7337/2018 has been filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) against the judgment dated 24.04.2018 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in MVC No.1418/2016. Since, both the appeals arise out of the same accident and from the same judgment, they were heard together and are being decided by this common judgment.

(2.) Facts leading to filing of this appeal briefly stated are that on 11.10.2016, the claimant - Jayaramu was waiting to board a bus near Ambedkar Bhavan, Channapatna. At that time, a bus bearing registration No.KA-51-1234 which was being driven by its driver in rash and negligent manner, dashed against the claimant who was standing by the road. As a result of the aforesaid accident, the claimant sustained grievous injuries and was immediately given first aid at Government Hospital, Channapatna and thereafter was shifted to St.Joseph's Hospital, Mysore for further treatment where the claimant was an inpatient for several days.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the claimant was admitted St.Joseph's Hospital, Mysore, where he took treatment as inpatient for several days. It is also pleaded that the claimant has spent more than Rs.6,00,000/- towards medical expenses. It was also claimed that the claimant was earning Rs.20,000/- from working as a driver and due to the impact of the accident, the claimant is unable to carry on with the work as before. It was also pleaded that the accident took place on account of the rash and negligent driving of the driver of the offending bus. The claimant claimed compensation to the tune of Rs.25,50,000/- along with interest.