RAMCHANDRA Vs. GENERAL MANAGER

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent No.1.

(2.) The factual matrix of the case of the claimant before the Tribunal is that on 24/11/2008 at about 8.45 p.m., when the injured/claimant was traveling in a KSRTC bus bearing registration No.KA-25/F-2221 from Jamakhandi to Haveri, the driver of the said bus drove the same in a rash and negligent manner and when the said bus reached near Mallapur village on Mudhol Jamakhandi road, he lost control over the bus and dashed to a tractor bearing registration No.KA-29/T-3309 and KA-29/T-5794 which was coming from opposite direction and thereby caused the accident. As a result of the same, the claimant sustained grievous injuries. Immediately he was shifted to Naik's Hospital at Mudhol for treatment and from there he was shifted to Yelamali Nursing Home, Hubballi, for further treatment. He was treated as an in patient from 25/11/2008 to 4/12/2008 and he spent a sum of Rs.40,000.00 towards medical expenses. Hence, the injured claimant filed claim petition before the Tribunal seeking for compensation.

(3.) The injured claimant got examined himself as PW-1 and the doctor as PW-3 and also got marked documents Ex.P.1 to Ex.P.28. On the other hand, respondents examined driver of the offending bus as RW-1. But no documents were got marked. The Tribunal after assessing both oral and documentary evidence allowed the claim petition awarding compensation of Rs.45,000.00 with interest at the rate of 6% p.a. Being aggrieved by the judgment and award, the claimant has filed the present appeal.