LAWS(KAR)-2019-8-272

SUDEEP,A.K Vs. GENERAL MANAGER, KSRTC

Decided On August 28, 2019
Sudeep,A.K Appellant
V/S
GENERAL MANAGER, KSRTC Respondents

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel on both sides, it is heard finally.

(2.) The injured-claimant has filed this appeal seeking enhancement of compensation, not being satisfied with the quantum of compensation awarded by the Court of II Additional Senior Civil Judge and VI Additional Motor Vehicles Accident Tribunal (hereinafter referred to as 'Tribunal' for the sake of brevity) at Davanagere in MVC No.1109/2009 dated 21.11.2015.

(3.) Briefly stated the facts are that the appellant - claimant filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 against the respondents seeking compensation of Rs. 50,00,000/- with costs and interest on account of the serious injuries sustained by him in a road traffic accident. According to the appellant, on 08.08.2009 at about 5.30 am., he was traveling in a bus belonging to the respondents (KSRTC) bearing registration No.KA-22/F1710 from Bengaluru to Davanagere. The driver of the bus drove the said bus in a rash and negligent manner and dashed to a lorry bearing No.KA-16/A-6837 which was proceeding ahead; as a result of collision between the two vehicles, the claimant sustained grievous injuries. He was shifted to C.G.Hospital, Davanagere and thereafter to Fortis Hospital, Bengaluru, wherein on account of the crush injuries, the left leg was amputated above the knee. According to the claimant, he spent Rs. 8,00,000/- towards medical expenses. He further contended that he was hale and healthy prior to the accident, being an MBA graduate; he was brilliant and extraordinary student and was selected in the Campus to Cambridge Solution Company, Bengaluru in the year 2008 and was getting Rs. 18,000/- per month as salary. That the company had proposed to send him to United Kingdom. But, on account of the accident resulting in amputation of his left lower limb, he lost a golden opportunity and a bright future. He contended that he is the only son to his parents and as a result of the said accident, they are suffering from untold mental agony. Therefore, claimant sought for compensation under various heads.