R.Y. PRADEEP Vs. SHIVANANDA AND ORS.

JUDGEMENT

(1.) THIS appeal is filed by the injured - claimant seeking enhancement of compensation. Motor Accident Claims Tribunal, Belur, has awarded total compensation in a sum of Rs. 5,84,418/ - (rounded of to Rs. 5,84,500/ -) along with interest at 6% p.a. vide judgment and award dated 03.10.2008 passed in M.V.C. No. 16/2008 for the personal injuries and the permanent disability suffered by the claimant.

(2.) ON 03.10.2004, on Tumkur - Bengaluru Road, when the claimant along with his friend was proceeding on a motorbike, a BMTC bus driven in a rash and negligent manner with high speed dashed against the motorbike. As a result the rider of the motorbike died on the spot. The claimant, who was a pillion rider suffered grievous injuries over his forehead, left hand, left leg, right hip, chest and other parts of the body. He was shifted to Victoria Hospital and as per the advice of the Doctor, he was taken to City Hospital (Shekar Hospital), Bengaluru. According to the claimant, he was unconscious for 15 days. He claimed compensation in a sum of Rs. 10,00,000/ - from the respondents.

(3.) THE Tribunal, on consideration of evidence on record, has found that the accident was caused due to rash and negligent driving of the BMTC bus by its driver. As regards nature of injuries suffered and quantum of compensation, the Tribunal, by considering the Wound Certificate - Ex.P7 and evidence of P.W.3 Dr. Roshan Kumar B.N. has held that claimant suffered fracture of both bones of right forearm, concussive head injury and blunt injury to the right ankle. By considering the evidence of Dr. Muralidharan, Assistant Professor of Psychiatry, NIMHANS, Bengaluru, the Tribunal has found that the neuro psychological assessment report disclosed that there was personality change in the claimant as a result of serious head injury suffered by him in terms of his behaviour, inasmuch as there were perceptible behaviour changes regarding irritability, assertiveness, impulsivity, suggesting bilateral fronto -temporal involvement, etc. P.W.2 - Doctor has stated that the claimant had features of organic personality change and the neuropsychological deficit pointed out were as follows: