ANAND S/O CHANDRAKANTH UPLAON Vs. REVAPPA

JUDGEMENT

(1.) This appeal is by the claimant for enhancement of compensation awarded by the Tribunal on 24.03.2014 in MVC No.256/2010 for having suffered injuries in the motor vehicle accident.

(2.) Brief facts of the case of the appellant are: On 25.04.2009 he was travelling along with other passengers in a NEKRTC Bus bearing registration No.KA-32/F-832 from Gunj Bus Stand, Kalaburagi to his village Nagur. As the front right tyre of the said bus was punctured the passengers of the said bus including him got down from the bus and were standing infront of it watching replacement. In the meanwhile, at about 7.30 p.m., another NEKRTC private bus bearing No.KA-39/1727 being driven by the 1st respondent came from Kalaburagi side in a rash and negligent manner and in a very high speed endangering to human lives and suddenly hit with the parked bus from rear side, as a result the parked bus moved for a short distance and dashed to the claimant, the claimant fell on the ground and sustained grievous injuries. Immediately, after the accident he was shifted to BTGH, Gulbarga for treatment wherein he was treated for two days and on the advice of the doctors he was shifted to Yeshodhara Hospital, Solapur for further treatment and there he was treated as inpatient from 26.04.2009 to 19.05.2009 and further he was admitted as inpatient in the Government General Hospital, Gulbarga from 15.07.2009 to 01.08.2009. After discharge till now he is under care and recovery. He was ITI certified person and was working as a Mechanical Operator in V.B. Enterprises, Bengaluru and was earning Rs.8,000/- per month and contributing his major portion of salary income to the family. Due to accident he lost his entire future. Therefore, he filed a claim petition before the Tribunal claiming Rs.25,00,000/- compensation from the respondents.

(3.) On issuance of notice to the respondents, respondent Nos.1 and 2 placed exparte who are driver and owner of the NEKRTC private bus taken on lease basis. Respondent No.4 the Divisional Controller, NEKRTC Divisional Office, Kalaburagi, appeared and denied the negligence on the part of the driver of the offending vehicle. The Tribunal examined the act policy, which covers the accident. After adjudication the Tribunal awarded the compensation of Rs.9,92,000/- with interest at 6% per annum from the date of petition till realization. Aggrieved by the same, the appellant preferred this appeal for enhancement of compensation.