SHANKAR GOWDA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) These two appeals are directed against the judgment and award dated 29.12.2011 passed in MVC No.105 of 2010 by the Addl. Motor Accident Claims Tribunal, Sirsi (hereinafter referred to as 'the Tribunal' for the sake of brevity). MFA No.24602 of 2012 is preferred by the injured claimant aggrieved by the quantum of compensation awarded at Rs. 5,16,472/- and seeking enhancement of the same, whereas MFA No.20323 of 2013 is filed by the insurer viz. the Divisional Controller, NWKRTC seeking setting aside the impugned judgment and award.

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

(3.) The brief facts of the case are that the claimant was working as a driver of NWKRTC since 26.05.1987. On 31.12.2005, while he was driving the bus bearing registration No.KA-31/F-617 on Siddapur-Sirsi road on the extreme left side of the road, at about 01.30 p.m., another bus bearing registration No.KA-29/F-691 came from opposite direction in rash and negligent manner with high speed and dashed to his bus and caused the accident. As a result, the claimant as well as the inmates of his bus sustained injuries. He was admitted to P.G.Hospital and later, he took treatment at various hospitals. He suffered fracture of several bones resulting in permanent disability of 28% to the right leg. Consequently, he was demoted from the driver post to that of an Office Assistant, thereby causing monetary loss to him. As such, he filed a claim petition seeking compensation of Rs. 28,10,000/- under different heads.