K.RAMESH Vs. B.AMARNATHA

JUDGEMENT

(1.) THOUGH these matters have listed for Admission with the consent of the learned Counsel for both the parties it is taken up for final hearing.

(2.) IT is the case of the claimant that on 26.08.2001 at about 10.00 p.m. while he was working as Watchman in Lakshminarasimha Swamy Lorry Shed at Bhadravathi and he was sitting inside the shed the Driver of the Lorry bearing Registration No.Ka -04/1664 took the said lorry in reverse in a rash manner and dashed against him and caused the accident and in the said accident he suffered grievous injuries to his both lower limbs, abrasion over left eyebrow, tenderness over left shoulder, pelvis, both hip joint and other injuries. Immediately he was shifted to Government Hospital, Macgan, Shimoga, and from there shifted to Victoria Hospital, Bangalore and X -Ray taken revealed fracture of right femur and left femur and also fracture of shoulder, POP was applied and he was inpatient from 27.08.2001 to 17.11.2001 and even on the date of filing the claim petition, he was under treatment and had incurred about Rs.60,000/ - towards medical expenses and Rs.40,000/ - towards food, diet, transport, etc. Further, it is the case of the claimant that he was getting salary of Rs.3,000/ - per month from the lorry office and he was also doing agricultural work by growing mulberry crops and getting additional income of Rs.3,000/ - p.m. In the circumstances, on account of the injuries suffered, the expenditure incurred, disability to which he is exposed, loss suffered, he filed the claim petition seeking compensation of Rs.5,00,000/ -.

(3.) ON appreciation of the evidence so placed on record, the Tribunal deemed it fit to award compensation of Rs.1,78,000/ - with interest @ 6% p.a. from the date of petition till the date of realisation holding both respondent Nos.1 and 2 jointly and severally liable to pay the same.