MADHUSUDANA Vs. BASAVARAJ T. CHITHARAGI

JUDGEMENT

(1.) THE case of the claimant is that on 26.9.2010, when he was going on his two wheeler bearing registration No. KA -45 -K -5167 at Bilikere, Hunsur at about 2.00 p.m., a KSRTC bus bearing registration No. KA -09 -F -3464 came in a rash and negligent manner and dashed against him. He fell down and sustained severe head injuries, fracture of bone femur and other injuries to all over his body. He was immediately shifted to BGS Apollo Hospital, Mysore, where he was inpatient from 26.9.2010 and 19.11.2010. Huge amount has been spent towards medical expenses.

(2.) THE claimant was aged 19 years as on the date of accident. He was working as Fitter in Perfect Engineering Works. On the claim petition being filed under Section -166 of Motor Vehicles Act seeking compensation, the Tribunal awarded compensation in all in a sum of Rs. 6,70,700/ - and held that the claimant was negligent to an extent of 50% in causing the accident and hence, awarded a sum of Rs. 3,35,350/ - along with interest @ 6% p.a. from the date of the petition till the date of realization. Seeking enhancement and questioning the negligence, the claimant has filed the present appeal.

(3.) ON considering the material evidence on record, we are of the view that there is no material to show that just because the claimant did not possess a driving licence, it cannot be said that he was negligent in causing the accident. So far as negligence is concerned, charge sheet is filed against the driver of the bus holding that he was negligent in causing the accident. Therefore, the finding of the Tribunal in attributing 50% negligence on the claimant is inappropriate. We are of the considered view that the claimant has only partially contributed to the accident and therefore, it is just and proper to hold that the claimant is negligent to an extent of 25% in causing the accident. Therefore, the order of the Tribunal in so far as negligence is concerned, is modified to that extent.