MANAGING DIRECTOR Vs. SRINIVASA MURTHY G K

JUDGEMENT

(1.) The Managing Director, Karnataka State Road Transport Corporation (for brevity "the KSRTC") filed this appeal challenging the legality and correctness of the judgment and award dated 05-03-2012 passed in MVC No.6625/2010 by the Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as "the Tribunal" for short) fastening liability on them to compensate the claimants.

(2.) The respondent-G.K.Srinivasa Murthy filed a claim petition contending that on 17-04-2010 while he was proceeding in a KSRTC bus bearing Registration No. KA-07/F-849 from Chikkaballapura to Gouribidanur near Eradimmanna Kanive, the driver of the KSRTC bus drove the same in a rash and negligent manner and dashed against the road-side rock. Due to the said impact, the claimant sustained grievous injuries to his head and other parts of the body. Immediately after the accident, he was shifted to the Government Hospital at Chikkaballapur, after the first aid, he was shifted to Bengaluru for CT scan Diagnosis at North City C.T. Scan and Diagnostics. Thereafter he was shifted to Manasa Hospital at Chikkaballapur. In the claim petition, it was contended that the claimant was working as a Revenue Inspector at City Municipal Council at Chikkaballapur and earning Rs.13,900/- p.m. Due to the injuries he had sustained, he could not work as he was working prior to the accident. He has taken voluntary retirement from service on 12-07-2010. Hence sought for compensation of Rs.5,00,000/-.

(3.) In response to the notice issued by the Tribunal, the respondent-KSRTC entered appearance and filed written statement denying the rash and negligent driving of the offending bus by its driver. Near Ghat-Section, in a deep curve, while some buffaloes suddenly came across the road, in order to avoid the buffaloes, the driver took the bus to the left side. As a result of which, the bus dashed against the road-side rock and toppled down, due to that, passengers in the bus including G.K.Srinivasa Murthy sustained injuries. Hence, sought for dismissal of the claim petition.