ABHILASH REDDY @ ABHILASH Vs. NAGARAJ S/O NINGAPPA

JUDGEMENT

(1.) Mfa No.200602/2017 is filed by the unfortunate claimant who was a student, studying Diploma 2nd year in HKES Yermarus, Raichur and also assisting his family by doing agriculture work, who sustained the fracture of right femur and fracture of right tibia condyle and other grievous injuries all over the body is before this Court for enhancement of compensation whereas MFA No.200409/2016 is filed by the Divisional Controller, KSRTC Maski Depot, Raichur for reduction of compensation on the ground of negligence against the impugned judgment and award dated 04.12.2015 made in MVC No.383/2014 on the file of the Principal Sessions Judge, Raichur awarding compensation of Rs.4,17,061/- with interest at 6% per annum from the date of petition till its realization.

(2.) It is the case of the claimant that on 01.11.2013 he was proceeding on the motorcycle bearing No.KA-36/R-9311 along with another person as a pillion rider. When he was proceeding on Raichur- Lingasugur road at Devadurga cross Kalmala at 9.30 a.m., the respondent No.1 driver of the KSRTC Bus bearing No.KA-36/F-941 came from Shirawar side in rash and negligent manner endangering human life without following road rules and regulations on the wrong side and dashed against the motorcycle which was proceeding slowly on the extreme left side of the road. Due to the said impact, both the claimant and another fell down and sustained severe injuries. The jurisdictional Police registered a case in Crime No.266/2013 for the offences under Sections 279, 337 and 338 of IPC against the first respondent driver of the bus and initiated investigation and filed the charge sheet. It is further stated that the claimant sustained injuries on interior aspect, fracture injuries on his right shaft tibia, condyle and other injuries. He has taken treatment at Balanku hospital, Raichur and other hospitals as inpatient for some days and also as outpatient for some days. Injuries are not yet cured. He has spent more than Rs.2,40,000/- for treatment. Due to the injuries sustained in the accident, he is suffering from permanent physical disability and is unable to attend his college and also unable to participate in the sports, game and also unable to attend agricultural work. He has further stated that prior to the accident, he was aged 21 years, studying in 2nd year Diploma in HKES Yermarus Raichur. He was assisting the family by doing agriculture work. Now due to permanent disability, he is unable to work and he could not concentrate on his studies. Therefore, he contended that respondent No.1 is the driver and respondent No.2-Corporation are jointly and severally liable to pay compensation of Rs.11,50,000/- claimed on different heads.

(3.) The respondent No.1 has not filed written statement.