GOKUL Vs. GURURAJA KAYAR

JUDGEMENT

(1.) Appellant is the claimant being not satisfied with the quantum of compensation awarded in the judgment and award dated 25-01-2011 passed by the Motor Accident Claims Tribunal, Mangalore (hereinafter referred to as 'the Tribunal' for short) filed this appeal seeking for enhancement of compensation.

(2.) Appellant filed the claim petition contending that on 19-4-2009 at about 5.30 p.m., while he was proceeding in a motor cycle bearing Registration No.KA-19/Q-8088 as a pillion rider near Korangrapadi junction on NH-17, near Udyavara village, a KSRTC bus bearing Registration No. KA-32/F-1472 driven by its driver in a rash and negligent manner dashed against the motor cycle. Due to that the claimant as well as the rider fell down and sustained grievous injuries. Immediately, after the accident he was shifted to Hi-tech Hospital at Udupi, thereafter he was shifted to KMC hospital at Manipal. He had taken treatment till 4-6-2009 and thereafter he was admitted to SDM Ayurvedic College at Udyavara and there he was treated as inpatient from 4-6-2009 to 26-6-2009. Once again he was readmitted to the hospital on 11-7-2009 till 18-7-2009. In the accident he has sustained (a)fracture of open head injury with defuse axonal injury (b) injury to right zygomatic maxillary complex (c)lateral wall of orbit fracture. He has spent more than Rs.3,00,000/- for his treatment. At the time of accident, the claimant was aged about 21 years and studying in II year Civil Engineering in NMAIT at Karkala. In view of the injuries sustained he has lost his studies for one year and he could not continue the course. Due to the rash and negligent driving of the bus, the accident occurred, hence the respondents have to compensate the claimant and sought for compensation of Rs.10,00,000/-.

(3.) In pursuance of the notice issued by the Tribunal, though the first respondent was served with notice, he remained unrepresented. The second respondent filed written statement denying the entire averments made in the claim petition and also contended that the accident occurred solely due to the rash and negligent riding on the part of rider of the motor cycle himself, there is no negligence on the part of the driver of the bus. The rider of the motor cycle while talking over the mobile, rode the motor cycle in a wrong side and dashed against the KSRTC bus. The driver of the bus was an experienced driver. The compensation claimed is exorbitant and sought for dismissal of the claim petition.