CHANNAPPA Vs. DIVISIONAL CONTROLLER NEKRTC

JUDGEMENT

(1.) Shri Shivashankar H Manur takes notice for respondent in MFA No. 30632/2010 and Shri Babu H Metagudda takes notice for respondent in MFA No. 31828/2010.

(2.) These appeals coming on for admission and are taken up for final disposal at the stage of admission. The only question that would arise in these respective appeals is whether the appellants deserves to be awarded enhanced compensation and whether the Tribunal was justified in fastening the liability to pay the compensation on the respondent-North East Karnataka Road Transport Corporation.

(3.) The facts leading to the case are on 09.07.2008 at about 8.30 PM when the appellant in MFA No. 30632/2010 was proceeding on his bicycle towards his land at Motoli, Afzalpur taluk, the driver of the bus belonging to respondent-Corporation who is the appellant in connected appeal in MFA No. 31828/2010 bearing Registration No. KA-32-F-1360 was said to have been driven in a rash and negligent manner and had dashed against the bicycle of fee claimant, as a result of which, the claimant has sustained grievous injuries to his head and other parts of his body. He was admitted to hospital and later on he had to be shifted to another hospital for better treatment at Solapur He was an inpatient from 10.07.2008 to 20.07.2008. He was engaged in supervision of agriculture and he also said to be vending milk and was earning Rs. 6,000/- per month. It was claimed by injured appellant that he suffered permanent disability and as a result of which he could not carry on his normal duties as before and hence was before the Tribunal seeking compensation. The Tribunal on consideration of the evidence tendered, has held that the appellant was entitled to a compensation of Rs. 10,000/- towards pain and suffering, Rs. 10,000/-, Rs. 10,000/- towards loss of expectation of life, Rs. 5,000/- towards loss of amenities of life, Rs. 1,100/- towards loss of earning during laid up period, Rs. 4,825/- towards attendant charges, extra nourishment and conveyance, Rs. 41,725/- towards medical expenses and Rs. 64,800/- towards loss of future earning Rs. 64,800/-. Therefore a total compensation of Rs. 1,37,450/- has been awarded as against which the present appeal is filed by the injured claimant seeking enhancement of compensation on several grounds.