MALLIKARJUN Vs. GENERAL MANAGER

JUDGEMENT

(1.) THE petitioner-claimant as also respondents 1 and 2 in MVC No. 2130/2001, on the file of the Additional MACT, Saundatti, are in appeal before this Court. The petitioner-clamant is dissatisfied whereas respondent Nos. 1 and 2 are aggrieved by the quantum of compensation awarded by the Tribunal. In both these appeals, as the respective appellants have questioned the correctness of the same judgment and award, they were heard together and are being disposed of by this common judgment.

(2.) THE parties herein will be referred to with reference to their ranking before the Tribunal.

(3.) THE case of the petitioner in brief is as under : That on 5-5-1997 at about 4. 30 p. m. he boarded a KSRTC Bus at Yeragatti, to go to Ramdurg. When the said bus came near Chandargi village, another KSRTC Bus bearing No. KA 25 F-811 running from Shaktinagarto Belgaum, came from opposite direction driven by its driver in a rash and negligent manner and dashed against the bus in which the petitioner was travelling. As a result, he sustained injuries to his forearm and index finger. Immediately, he was taken to the Government Hospital, Katakol, wherein first aid treatment was given to him and thereafter he was referred to Dr. Y. B. Kulgod Hospital, Ramdurg, who in turn referred the petitioner to Dr. Mahantesbhooli, Orthopedic Surgeon Saundatti. During treatment, it was noticed that the petitioner has sustained fracture of forearm. In spite, of best treatment, the petitioner has suffered permanent disability in his right forearm, which has affected his future earning. The petitioner is a practicing Advocate in High Court and on account of the disability, he is unable to carry on his profession as he was doing earlier.