DIVISIONAL CONTROLLER, KSRTC Vs. KIRAN

JUDGEMENT

(1.) THESE two appeals by the Corporation and by the claimant -injured respectively, are directed against the same impugned judgment and award dated 19/02/2011 passed in MVC No.1646/2009, by the Additional Civil Judge (Sr.Dn) and Member, Additional Motor Accident Claims Tribunal, Hassan, (hereinafter referred to as ' Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs. 3,01,000/ - under different heads with interest at 6% p.a., from the date of petition till its deposit as against the claim made by the claimant for a sum of Rs. 30,00,000/ -, on account of the injuries sustained by him in the road traffic accident. The Corporation has filed an appeal on the ground that the Tribunal has erred in not fixing reasonable contributory negligence on the part of the driver of the car and the claimants have filed an appeal for enhancement of compensation.

(3.) IN brief, the facts of the case are: On account of the injuries sustained by the claimant in the accident, he has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the Corporation, contending that, on 2.1.2009 at about 11.45 p.m., he along with others was travelling in a Esteem Car bearing Reg.No.KA.04.N.679 which was driven by one Kumar, from Bangalore to Hassan in order to participate at Cricket league to be held in Hassan and when they came near Burdal Bare Forest on NH.48, B.M. road, at that time, the driver of the KSRTC bus bearing Reg.No.KA.01.F.7850 came in a rash and negligent manner and dashed against the car and caused the accident. Due to which, claimant sustained injuries to head and right kidney and all over the body. Immediately, he was taken to Government Hospital, Hassan, where he took treatment and thereafter, he was shifted to Apollo Hospital, Bangalore, where he took treatment as inpatient for three months and thereafter, on the advise of the Doctor he has taken bed rest and follow up treatment.