K. RAJU Vs. ROOPESH

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of the learned counsel for the appellant as well as respondents, the matter is taken up for final disposal.

(2.) It is evident from the claim petition that, on 23.01.2011, the claimant said to be the injured was proceeding on his motor bike bearing registration No.KA-17/X-4305 from Harihara to Ganganarasi Camp. At about 8.00 p.m., while the injured was proceeding near KEB Depot, Guttur of Harihara Taluk, at that time, the offending NEKRTC bus bearing registration No.KA- 34/F-961 driven by its driver in a rash and negligent manner came in a greater speed and dashed against the motorbike of the injured causing accident. Due to the impact, the injured sustained fracture to right femur, both bones of right leg, right shoulder, right thigh, right knee, left hip and injuries to other parts of the body. Immediately, after the accident, the injured was shifted to City Central Hospital, Davanagere for treatment, wherein he took treatment as inpatient from 23.1.2011 to 28.01.2011. During the treatment, a steel rod was implanted along with the canulloos screw bolt and external fixator to the right tibia by conducting surgery to his hip joint fracture. Subsequently, the injured had taken treatment at Sandeep Nursing Home for 2 days from 21.02.2011, again took treatment in City Central Hospital at Davanagere on 07.03.2011 for about 6 days. Lastly, the injured took treatment at Sandeep Nursing Home, Davanagere as inpatient from 14.3.2011 for about 8 days, for which, the injured has incurred huge medical expenditure.

(3.) At the time of accident, the injured was aged about 26 years and he was earning huge amount in a sum of Rs.9 to 10 lakhs per annum by doing agricultural work and paddy business. Due to the accidental injuries, he is not in a position to do paddy business as he was doing prior to the accident. Due to the rash and negligent driving of the offending NEKRTC bus by its driver, the accident had occurred and the injured has suffered fractures and the same has been averred in the claim petition made by him before the Tribunal seeking for compensation.