KUMAR YUVARAJ Vs. GENERAL MANAGER MSRTC

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.

(2.) The factual matrix of the case of the claimant is that on 27/8/2011 at about 4 p.m., when the claimant/appellant was proceeding on a motor cycle bearing registration No.MH-10/AC-2136 on the correct side of the road, a MSRTC bus bearing registration No.MH-14/BT-1181 driven by its driver in a rash and negligent manner without following the traffic rules all of a sudden lost control over the bus and dashed against the motorcycle of the appellant thereby causing the accident. As a result of the same, the claimant/appellant sustained grievous injuries. Immediately he was shifted to District Hospital at Sangli for treatment wherein he took treatment as an inpatient for a period of three months and his right leg was amputated below knee. He spent a sum of Rs.70,000.00towards medical and other expenses. Prior to the accident, the claimant was hale and healthy and doing agricultural and coolie work and thereby earning Rs.1,00,000.00 p.a. and Rs.300.00 as daily wages and maintaining his family. Due to the amputation of his right leg and fracture of right humerus, the appellant has become physically and permanently disabled to the extent of 100%. Hence, the injured claimant filed claim petition before the Tribunal seeking for compensation.

(3.) In support of his claim, the claimant got examined himself as PW-1 and the doctor as PW-2 and also got marked documents Ex.P.1 to Ex.P.14. On the other hand, respondents examined one witness as RW-1 and no documents were got marked. The Tribunal after assessing both oral and documentary evidence allowed the claim petition awarding compensation of Rs.9,78,000.00 with interest at the rate of 8% p.a. Being aggrieved by the said judgment and award, the claimant has filed the present appeal.