VARASHANKAR Vs. VISHNU WALMIKI, DRIVER NWKRTC

JUDGEMENT

(1.) These appeals are filed by the Insurance Company and the claimant against the judgment and award dated 29 t h March 2010 passed by the Fast Track Court-III, Dharwad, in MVC No.493 of 2006. For the sake of convenience, the parties would be referred to as per their ranking before the Fast Track Court.

(2.) The facts in brief are as under: On 31.12.2005 at about 7.15 p.m., the appellant was standing near Channabasaveshwar Nagar cross along with his wife and son. He had parked his Hero Honda bearing registration No.KA- 25/R-9672 on the extreme left side of the road. At that relevant point of time, the road proceeding from Jayanagar to Shrinagar (Dharwad Haliyal road) in between Sarva Mangala Nursing Home and Shrinagar cross was under repair for laying a underground pipeline. It was totally blocked. The buses and other vehicles proceeding towards to Haliyal and Karnataka University/Shrinagar had to take deviation at Channabasaveshwar Nagar cross and further to join the main road near Shrinagar. When this being the state of affairs, a KSRTC bus bearing registration No.KA.25/F.1393 driven by its driver, came from Jayanagar cross and took a turn in a high speed and in a rash and negligent manner and dashed to the petitioner, his wife and son and also to the motor cycle parked by the side of the road. As a result, the claimant sustained several injuries and lost his consciousness. He was shifted to Dr. Dilip Deshapande Hospital, Dharwad. The appellant had suffered multiple fractures, was shifted to KLE Hospital, Belgaum for further treatment and has undergone several operation. Hence, a petition was filed under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.34,00,000/-. In response to the notice, respondents appeared through their respective counsels. Respondent No.1 did not file any written statement. Respondent Nos.2 and 3 filed written statement. Respondent No.2-NWKRTC contended that the accident was not on account of rash and negligence on the part of the driver of the bus and the accident was solely on account of the negligence on the part of the claimant. Age, occupation, income of the claimant and the injuries suffered, treatment taken and medical expenses, were all denied. Respondent No.3 filed written statement denying the entire petition averments.

(3.) On the basis of the above pleadings, the Fast Track Court framed the following issues: " 1. Whether the petitioner proves that on 31.12.2005 at about 7.15 pm on Dharwad/Haliyal road near Channabasaveshwar Nagar the petitioner was standing along with his wife and so n by parking his hero honda motor cycle then there was accident due to wrongful use of KSRTC bus bearing registration No.KA-25/F-1393 and due to the accident claimant sustained injuries and the motor cycle under his ownership is damaged? 2. To what compensation the claimants are entitled to and from whom? 3. To what decree or award?"