K.H. HANUMANTHAIAH @ PUTTASWAMY, S/O. LATE HANUMANTHAIAH Vs. THE MANAGING DIRECTOR, KSRTC, K.H. ROAD, SHANTHINAGAR, BANGALORE-27

JUDGEMENT

(1.) THESE two appeals by the Corporation and the claimant are directed against the same impugned judgment and award dated 04/08/2008 passed in MVC No. 7011/2006 by the XIX Additional Small Cause Judge and Motor Accident Claims Tribunal, Bangalore (SCCH -17), (for short Tribunal'). The Tribunal by its judgment and award, has awarded a sum of Rs. 1,85,280/ -, with interest at 6% p.a. on Rs. 1,79,280/ - from the date of petition till its realisation, fastening the liability on the Corporation, on account of the injuries sustained by the claimant in the road traffic accident.

(2.) IN brief, the facts of the case are: That on 6.10.2006 at about 7.45 p.m. on B.M. Road, Bidadi Town while the claimant was going by the side of the road infront of Narasimhaiah's house, at that time, KSRTC bus bearing No. KA. 09.F.3503 came in a rash and negligent manner and dashed against him, due to which, he sustained fracture over left humerus and left ulna. Immediately, he has been admitted to Sanjay Gandhi Hospital, where he has taken treatment as inpatient for 52 days on three different occasions, undergone surgery, implants were inserted and thereafter, bed rest and follow up treatment. It is the further case of the claimant that, he spent considerable amount towards medical and other incidental expenses. On account of the injuries sustained by claimant, he sustained permanent disability and Doctor has assessed the disability at 19.3% to the whole body. Therefore, claimant has filed a claim petition before the Tribunal under section );">166 of M.V. Act, claiming compensation against the Corporation. The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after appreciating the oral and documentary evidence and other material available on file, taking into consideration the nature of injuries sustained, the nature and duration of the treatment taken by the injured, has allowed the said claim petition in part, awarding a sum of Rs. 1,85,280/ - with interest at 6% p.a., on Rs. l,79,280/ -from the date of petition till its realisation.

(3.) I have heard, Learned Counsel for Insurer and Learned Counsel for claimant and perused the impugned judgment and award passed by the Tribunal.