BHAGAPPA Vs. MANAGING DIRECTOR NEKRTC DEPOT KALABURAGI

JUDGEMENT

(1.) The claimant has filed the present appeal for enhancement against the Judgment and award dated: 28-04-2017 made in MVC No.30/2015 on the file of Senior Civil Judge and Addl. MACT Shahapur awarding the compensation of Rs.2,45,000/- with 6% interest per annum from the date of petition till realization.

(2.) It is the case of the claimant that on 28-10- 2012 AT 1.30 P.M., when he was proceeding on TVS motor cycle bearing Reg. No.KA-33-K-5343 on Shahapur- Shorapur main road near Tippanalli cross, the driver of the NEKRTC bus bearing Reg. No.KA-32-F- 1641 drove the same in a rash and negligent manner and dashed against the motor cycle, thereby the claimant sustained grievous injuries fracture of phalynx of little finger of right hand and distal condyler fracture of femur and head injuries. He has further contended that, as on the date of accident he was hale and healthy aged 18 years, working as agricultural labour and earning Rs.6,000/- per month. He has further contended that, he has become permanently disabled and his family members are leading critical life. Therefore, he sought for compensation as prayed for.

(3.) The respondent No.1 appeared through its counsel and filed counter and contended that, the accident was not occurred due to rash and negligent driving of the of the offending vehicle, but it was due to rash and negligent riding by the claimant. The claimant did not possess valid and effective driving license as on the date of accident. Therefore sought for dismissal of the claim petition.