RASHID Vs. GENERAL MANAGER, NWKRTC THROUGH ITS DIVISIONAL CONTROLLER AND THE DEPUTY GENERAL MANAGER, INTERNAL INSURANCE FUND-NWKRTC

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and award dated 18 -03 -2010 made in MVC No. 913/2009 passed by the III Addl MACT, Belgaum. M.F.A. No. 23214/2010 is filed by the claimant being not satisfied with the quantum of compensation awarded by the Tribunal and also fastening 50% of contributory negligence on the part of the claimant. M.F.A. No. 23686/2010 is filed by the NWKRTC being aggrieved by the very same judgment and award challenging the liability fixed on the respondent - Corporation to pay compensation.

(2.) THE claimant filed the claim petition before the M.A.C.T. Belgaum, inter alia contending that on 09.03.2009 he was proceeding on his motorcycle bearing reg. No. KA -17/Y -6405 towards Hukkeri along with the pillion rider. When they reached Bastawad cross, a KSRTC Bus bearing no. KA -23/F -414 came from the opposite direction in a great speed driven rashly and negligently by its driver and dashed against the motorcycle. Due to the said impact the claimant as well as the pillion rider sustained injuries. The pillion rider died in the hospital while the claimant sustained grievous injuries and his right leg was amputated in the accident. He filed a claim petition seeking compensation of Rs. 10,00,000/ - contending that he has spent more than Rs. 1,60,000/ - towards medical expenditure.

(3.) THE claimant in order to prove his case examined himself as P.W.1 and got marked documents as per Ex. P.1 to Ex. P.34. On behalf of the respondents, driver of the bus was examined as R.W.1.