DIVISIONAL CONTROLLER Vs. MAHADEV

JUDGEMENT

(1.) NWKRTC (for short 'the Corporation') being aggrieved by the judgment and award dated 07.05.2011 passed in MVC No.13/2010 on the file of the Senior Civil Judge and Additional M.A.C.T., Athani (for short 'the Tribunal'), has filed this appeal.

(2.) It is the case of the claimant before the Tribunal that on 31.10.2009 at about 3.45 p.m. the petitioner along with his mother were proceeding towards Bhiradi to attend funeral of their relative on motorcycle bearing No.MH-10/ AP-4085, when they reached near Datta Mandir Kudachi, the driver of the KSRTC Bus bearing No.KA-01/F-8148 came from the opposite side, driving the vehicle in a rash and negligent manner and dashed against the motorcycle, due to the impact the petitioner and his mother fell down and the petitioner sustained grievous injuries to his right leg and other injuries. Immediately, he was shifted to Dr.Anil Chandrapattan Hospital, Miraj and thereafter he was shifted to Army Hospital, Pune for further treatment and there, his leg was removed and the petitioner spent more than one lakh towards medical treatment. It is further submitted that the petitioner was hale and healthy prior to the incident, aged about 25 years, was serving in Army as a Soldier and earning more than Rs.20,000/- per month. Due to the accidental injuries, the petitioner has become permanently physically disabled and is unable to do any work as he was doing earlier. Therefore, he filed the claim petition against the Corporation.

(3.) Upon service of notice, the Corporation appeared and filed objections denying the averments made in the petition. It is further contended that the accident in question occurred due to rash and negligent riding of the motorcycle by the petitioner and not due to rash and negligent driving of the KSRTC Bus. On the basis of the pleadings, the Tribunal framed issues. The claimant examined himself as PW1 and one witness as PW2 and got marked nineteen documents as Exs.P1 to P19. The respondent has not produced any oral or documentary evidence. The Tribunal after hearing both the parties allowed the claim petition in part awarding compensation of Rs.37,98,353/- with interest at the rate of 6% per annum from the date of petition till its realization after deducting 10% out of the total compensation of Rs.42,20,392/- towards the negligence on the part of the claimant.