DIVISIONAL CONTROLLER, KSRTC Vs. T. ADINARAYANA

JUDGEMENT

(1.) The Karnataka State Road Transport Corporation (hereinafter referred to as the 'Corporation'), being the respondent has preferred MFA.No.103188/2019, challenging the quantum of compensation and the claimant has preferred the appeal in MFA.No.100454/2020 seeking enhancement of compensation awarded by the M.A.C.T. No.11 and II Additional Senior Civil Judge, Ballari (hereinafter referred to as the 'Tribunal') by its judgment and award dtd. 3/4/2019 passed in M.V.C.No.302/2018.

(2.) The parties are referred to as per their ranks before the Tribunal for the sake of convenience.

(3.) Brief facts of the case are that the claimant boarded the Bus bearing Reg.No.KA-06/F-949 belonging to the Corporation at Ballari to go to Bengaluru. While the bus reached near Tumkur on 3/10/2007, the driver driven the same in the rash and negligent manner and dashed to the underpass wall, as a result of which, the claimant sustained injuries. Immediately, he was shifted to the Victoria Hospital, Bengaluru and thereafter to Columbia Asia Hospital, Hebbal. He was treated as an inpatient from 3/10/2007 to 5/11/2007. He has suffered displaced fracture of shaft of left humrus, underwent surgery of his left hand. Even after discharge from the hospital, he took treatment continuously but has suffered permanent disability. The claimant was an agriculturist. He was also doing coal trading business and was earning Rs.5,50,000.00 per annum. Due to the disability, he has suffered loss of income. Therefore he claimed compensation from the Corporation for the injuries and the loss of income suffered by him.