GULAB RASUL Vs. GUNAJI MANJREKAR

JUDGEMENT

(1.) It is the case of the petitioner before the trial court in MVC No.744/2013 that, he met with a vehicle accident on 20/5/2013, due to the rash and negligent driving of the bus bearing No.MH-07/C-7778, which was coming from opposite direction. Due to the said accident, he sustained fracture and admitted in the hospital at Sindagurga and thereafter shifted to SDM Hospital, Dharwad and for higher treatment, he was shifted to KLE Hospital, Belagavi. He underwent surgeries; he was admitted as an inpatient for about 85 days at different intervals. Petitioner has spent more than Rs.3,50,000.00 towards medical expenses.

(2.) Petitioner further contended that he was driver by profession and earning Rs.10,000.00 p.m. He was aged about 28 years at the time of accident. Due to the injuries sustained in the accident, he is unable to do his regular work. He is suffering from permanent disability. With these reasons he prayed to award compensation of Rs.26,80,000.00.

(3.) Respondent No.2 is the insurer of the bus. It has denied the petition averments and it is contended that accident had not taken place due to rash and negligent driving of the bus by its driver. On the contrary, the petitioner himself was negligent in driving the car and due to his negligence, accident had taken place and without prejudice to the said contentions, it is further contended that the accident had taken place due to the contributory negligence on the part of the petitioner as well as driver of the bus. With these reasons, it was prayed to dismiss the petition with cost.