BASAVANNA Vs. SHIVANNA

JUDGEMENT

(1.) This appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the learned Presiding Officer, Fast Track Court & M.A.C.T., Kollegal, sitting at Chamarajanagar, (hereinafter for brevity referred to as 'The Tribunal', for short), by judgment and award dated 13.09.2010, passed in MVC No.95/2009.

(2.) The summary of the case of the claimant in the Tribunal is that on 5.3.2009, at about 3.10 p.m., while the claimant was proceeding in a KSRTC bus as a passenger from Gundlupet to Nanjangud, the bus was stopped to enable the passengers to board it at Hirikati bus stop. At that time, a lorry bearing registration No.KA-09-B-8181, being driven by its driver in a rash and negligent manner and in high speed, came from opposite direction and dashed on the side of the bus, due to which accident, the claimant who was sitting in the bus, sustained grievous injuries, resulting in amputation of his right hand. According to the claimant, he had taken treatment at different hospitals and has spent not less than a sum of Rs.50,000/- towards the treatment. He has also stated that, prior to the accident, he was earning a sum of Rs.12,000/- per month being an autorickshaw driver and due to the amputation of his right hand, he has become totally disabled and is suffering from permanent total disability and unable to pursue any avocation. Holding the respondent Nos.1 and 2 respectively as the owner and insurer of the alleged offending lorry as liable to pay him compensation, the claimant has claimed a compensation of a sum of Rs.8,15,000/- from them.

(3.) Before the Tribunal, the claimant got himself examined as PW-1 and got marked documents from Exs.P-1 to P-7. As could be seen from the lower Court records, at the instance of the claimant, one Dr.Kaladagi P.S., an Orthopedic Surgeon, was examined through the Court Commissioner. On behalf of the respondent-Insurance Company, one Sri P.L.Rajesh, its officer, was examined as RW-1 and Exs.R-1 to R-8 were marked.