SUNILKUMAR N Vs. B R NAGARAJU

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 7-5-2011 made in MVC No.78/2009 passed by the Senior Civil Judge, Nanjanagudu (hereinafter referred to as ' the trial Court' for short) filed this appeal seeking enhancement of compensation.

(2.) The appellant filed a claim petition contending that on 28-7-2008, while he was proceeding in a KSRTC bus bearing Registration No. KA-09/F-3899 from Chamarajanagar to Nanjanagudu, near Chinnadagudi Village at about 10.30 a.m., the driver of a lorry bearing Registration No. KA-20/3578 drove the same in a rash and negligent manner and dashed against the KSRTC bus. Due to that, the claimant who was an inmate of the bus sustained grievous injuries all over the body. Immediately after the accident, he was shifted to Government Hospital at Nanjanagudu, thereafter he took treatment in K.R. Hospital at Mysuru and also at JSS hospital at Mysuru. In the accident, the claimant has sustained loss of five teeth and other injuries to body. He has spent huge money for his treatment. In view of the injuries sustained, he lost educational prospects, he has also failed in 3rd, 4th and 5th semester. The accident occurred due to the negligence on the part of driver of the offending lorry which was insured with the 3rd respondent. Hence sought for compensation of Rs.17,20,000/-.

(3.) In response to the notice issued by the Trial Court, though the owner of the vehicle was served with notice, he remained unrepresented. Respondent Nos.1, 3, 4 and 5 entered appearance, however, Respondent Nos.1, 3 and 5 filed written statement.