MOHAMMAD TANVEER, Vs. DIVISIONAL CONTROLLER, KSRTC

JUDGEMENT

(1.) THESE appeals by the claimant and by the Corporation are directed against the impugned judgment and award dated 25/03/2011 passed in MVC No. 145/2008, by the Principal Senior Civil Judge and CJM. And Motor Accident Claims Tribunal, Kolar, (hereinafter referred to as Tribunal for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.4,22,758/ - under different heads with interest at 6% p.a., from the date of petition till its realization as against the claim made by the claimant for a sum of Rs.20,00,000/ -, on account of the injuries sustained by him in the road traffic accident. The claimant has filed an appeal for enhancement, on the ground that, the compensation awarded is inadequate and the Corporation has filed an appeal for reduction of compensation, on the ground that the compensation awarded by the Tribunal is on higher side and is liable to be reduced.

(3.) IN brief, the facts of the case are: It is the case of the claimant that, he was aged about 27 years, and doing business in tomato box manufacturing and selling at APMC yard having rental shop by paying Rs.5,000/ - per month and was earning Rs.12,000/ - per month and maintaining his family consisting of old aged parents. That on 7.1.2008 at about 4.00 p.m. when he was going in his Bajjaj Motor bike bearing Reg.No.KA.08.J.4978 to his house and riding the same slowly and when he came near KSRTC bus stand i.e. Khadripura -Karanjikatte road, Kolar, at that time, the driver of the KSRTC bus bearing Reg.No.KA.07.F.703 came from his behind in a rash and negligent manner to go inside the bus stand and dashed against his vehicle. Due to which, he sustained injuries to his left front side leg and other parts of the body and his bike was damaged. Immediately, he was shifted to SNR hospital, Kolar, for giving first aid and then shifted to R.L.Jalappa Hospital, Kolar and from there, he was referred to Bangalore and he has taken treatment at HOSMAT hospital, Bangalore, where he took treatment as inpatient for 17 days, underwent surgery and thereafter, on the advise of the Doctor he has taken bed rest and follow up treatment.