MANAGER DIRECTOR Vs. MALLIKARJUN S/O VIRUPANNA KENED

JUDGEMENT

(1.) This appeal is filed by North-East Karnataka Road Transport Corporation, Gulbarga (hereinafter referred to as "Corporation") for short, assailing judgment and award passed in MVC No.40/2010, by the Court of Civil Judge (Sr.Dn.) and 12th Additional Motor Accidents Claims Tribunal, Shorapur, sitting at Shahapur, ("Tribunal" for short) dated 18/03/2011 on the issue of liability.

(2.) For the sake of convenience, the parties herein shall be referred to, in terms of their status before the Tribunal.

(3.) The first respondent-claimant filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, (hereinafter referred to as "the Act") seeking compensation on account of injuries sustained by him in a road traffic accident that involved inter alia the bus belonging to the appellant-Corporation. According to the respondent-claimant, on 09/07/2009, at about 3-45 a.m. he was travelling in a bus bearing No.KA-33/F-20, from Nesargi to Belguam, after attending certain personal work. While the bus was near Sambra village, the driver of the bus drove the same in a rash and negligent manner and with a great speed. As a result the bus hit the lorry bearing registration No.KA-28/4362, which was coming from the opposite direction. As a result of the collision between the two vehicles, the claimant sustained grievous injuries on left knee and other parts of the body, including fracture injuries. He was shifted to General Hospital Belgaum, where he took initial treatment and thereafter, he was an inpatient in a private hospital, incurring expenditure over Rs.1,00,000/-. Contending that he had sustained permanent disability and was unable to carry on with his daily work as an agriculturist, he claimed compensation on various heads against the Corporation.