THE MANAGING DIRECTOR, NEKRTC Vs. MOHAMMED IMRAN

JUDGEMENT

(1.) The lone respondent of a case in MVC.1000/10 pending on the file of Principal Senior Civil Judge & MACT, Gulbarga, has challenged the judgment and award passed on 10.1.2012.

(2.) Several grounds have been raised in the present appeal filed under Section 173(1), Motor Vehicles Act, 1988. Respondent herein herein is the claimant in the said case. He was injured in a road accident that took place on 19.2.2010 at 5.20 p.m. when he was proceeding in a tum-tum goods goods vehicle bearing No.KA-32-A- 9448. When they reached a place called Krishna Stone Machine on Gulbarga-Sedam road, the bus belonging to the appellant bearing no.KA-33-F-38, being driven in a rash and negligent manner by its driver, dashed against the goods vehicle as a result of which respondent suffered severe injuries to many parts of his body. He was immediately shifted to Basaveshwar General Hospital, Gulbarga and later on shifted to a superspeciality hospital at Solapur, where he was under treatment for more than 6 months as an in-patient. It is his case that he has spent huge amounts for his treatment, and on account of the injuries suffered by him, his earning capacity has come down drastically. The accident is said to have taken place solely due to the negligence of the driver of the bus.

(3.) Appellant who is respondent in the claim petition has filed detailed written statement denying all plaint averments and the petitioner has been called upon to prove the manner in which the accident took place, injuries sustained by him and the effect thereof on his future disability, amount spent for his treatment, etc. According to the appellant, the driver of the tum-tum was also responsible for the accident. The claim for Rs.21.8 lakhs as compensation under different heads is said to be excessive and unreasonable. With these pleadings, respondent had requested the Tribunal to dismiss the petition.