LAWS(KAR)-2012-1-352

H.M. RANGANATH, S/O MUNIYAPPA Vs. THE GENERAL MANAGER MANAGING DIRECTOR, K.S.R.T.C., KENGAL HANUMANTHAIAH DOUBLE ROAD, SHANTHINAGAR, BANGALORE- 560027

Decided On January 02, 2012
H.M. Ranganath, S/O Muniyappa Appellant
V/S
The General Manager Managing Director, K.S.R.T.C., Kengal Hanumanthaiah Double Road, Shanthinagar, Bangalore - 560027 Respondents

JUDGEMENT

(1.) THE appellant/claimant in MVC No. 925/2000 on the file of Civil Judgs (Sr. Dn.) and JMFC and Addl. Motor Accident Claims Tribunal, Tiptur, is before the Court for enhancement of compensation. Learned counsel for the appellant submits that the claimant sustained fracture of right humerus and availed treatment at Government Hospital, Tumkur, He underwent surgery in Jayanagar Orthopedic Hospital, Bangalore. It is pleaded that he was working as a Secretary of Grama Panchayathi and did attend to work till 31.5.2000. The Tribunal has awarded a sum of Rs. 27,000/ - in all

(2.) PERUSED the LCR.

(3.) THE respondent has not produced any rebuttal evidence. The Tribunal, on appreciation of the evidence on record, and after holding the driver of the KSRTC bus responsible for the accident, awarded the compensation as under: <FRM>JUDGEMENT_3242_TLKAR0_2012.htm</FRM> 5. According to Ex.P3 - wound certificate, the claimant sustained the fracture of right humerus, The claimant has produced medical bills and prescriptions vide Exs.P5 to P59. Ex.P -60 is the discharge note issued by Jayanagar Orthopedic Hospital, Bangalore. According to the discharge note the claimant was admitted on 25.11.1999 and discharged 29.11.1999. He was treated for lower 1/3 fracture of right humerus. He has produced the X -ray films, which are marked as per Exs. P -65 to P -73. It is claimed that the claimant was 50 years old and working as a Secretary for Grama Panchayati at Handanakere and drawing salary of Rs. 9056/ - p.m.