DIVISIONAL CONTROLLER AND ORS Vs. PUNEET AND ORS

JUDGEMENT

(1.) The respondent No.1 Sri Puneet suffered serious head injury in the accident that occurred on 18.04.2007 at about 7.30 p.m. The said Puneet along with others was returning from Kolar to Bangalore in Tata Sumo jeep bearing registration No. KA-04/B-6634; when the jeep was proceeding near Bannamakanahalli cross on Kolar- Bangalore NH-4 road, driver of the said jeep drove the same in a rash and negligent manner and went to the extreme right side of the road and dashed against a KSRTC bus which was coming from the opposite direction. In the said accident the claimant sustained multiple grievous injures all over his body. He was shifted to Bowring Hospital, Bangalore and then to Wockhardt hospital, Bangalore. The claimant was almost six months in the hospital for treatment. The Tribunal has awarded a total compensation of Rs.17,29,600/- with interest at 6% p.a. MFA No.1690/2011 is filed by the claimant praying for enhancement of compensation and MFA No.6688/2010 is filed by the KSRTC questioning the award of the Tribunal directing them to pay 50% of the award amount.

(2.) Sri K. Nagaraja, learned Counsel appearing on behalf of the KSRTC drawing the attention of the Court to the sketch on record submits that the driver of the jeep drove the vehicle in a rash and negligent manner and dashed against the KSRTC bus which was coming from opposite direction.

(3.) On perusal of the records, we find sufficient force in the arguments of Mr. K. Nagaraja, learned Counsel appearing on behalf of the KSRTC. The sketch of the spot of accident drawn as well as the mahazar (Ex. P 6 and Ex. P 3 respectively) clearly reveal that the driver of the jeep is at fault. He is the person who has caused the accident in question.