P.R. SHESHAGIRI RAO Vs. SRIMATHI YASHODAMMA

JUDGEMENT

(1.) THIS is a claimant's appeal. The appellant filed a claim petition in MVC No. 1349/2007 before the MACT, Bangalore, claiming compensation on account of the injury sustained by him and the permanent disability caused to him on account of the accident that occurred on 19 -6 -2002 at about 9.40 am, while travelling in KSRTC bus bearing No. KA 06/A.4488 between Pavgada to Bangalore.

(2.) ACCORDING to the claimant he was a passenger in KSRTC bus bearing No. MEF 873. When the bus was near Urudugere another bus bearing No. KA 06/A 4488 owned by the 1st respondent and insured by the 2nd respondent came in a rash and negligent manner and dashed against the bus in which the claimant was a passenger. On account of the impact the right leg of the petitioner was caught in -between the two seats and crushed. He also sustained multiple injuries. The petitioner lost his consciousness for some time. He was shifted to NIMHANS hospital. He was treated at NIMHANS as outpatient for his head injury and later he was referred to Sanjay Gandhi Hospital for better treatment. His right leg was amputated above the ankle. Thereafter he was shifted to Trinity Nursing Home on 20 -6 -2002 and he underwent two surgeries on 24 -6 -2002 and 8 -7 -2002. In all he was an inpatient for more than one month and took treatment as outpatient for 6 months.

(3.) IN order to prove their respective contentions on behalf of the claimant 3 witnesses were examined. Amongst them P.W.1 is the claimant. On behalf of the Insurance Company the officer of the Company was examined as R.W.1 and he relied upon Ex. R -1. Ex. R -1 is the investigation report.