KSRTC Vs. P.SIVA KUMAR

JUDGEMENT

(1.) Assailing the Award and Decree, dtd. 9/1/2018, passed by the Motor Accidents Claims Tribunal-cum-IX Additional District Judge in M.V.O.P.No.124 of 2016, the 2nd respondent in the M.V.O.P. has filed this appeal contending that the Award of compensation is abnormal.

(2.) The averments and the narration of the parties will be as referred in the present appeal.

(3.) The contentions of the claimant/2nd respondent herein are that the claimant was aged 32 years and a wholesale vegetable vendor, getting an income of Rs.90,000.00 per month. On 5/1/2016, at about 01:15 P.M., while he was travelling as a passenger in the KSRTC bus bearing No.KA 42/F 1762 from Chittoor to Kolar to purchase vegetables, near Sudha Supriya Hotel on Palamaner-Chittoor road, the 1st respondent i.e., the driver of the KSRTC bus drove it in a rash and negligent manner and dashed the APSRTC bus bearing No.AP 03/Z 0134 as a result of which, the claimant sustained injuries on his person and fracture to his right hand and was shifted to the Government Hospital, Palamaner through 108 Ambulance. The claimant further averred that he was referred to a private hospital for better treatment and was shifted to Kishore Hospital, Chittoor and thereafter to Billroth Hospital, Chennai for conducting surgery of his right hand on the advice of Dr.Kishore Kumar. There, he has undergone surgery and in pursuance, a steel rod was fixed from shoulder to elbow. Further, he is taking physiotherapy and on account of the injuries, he is unable to lift his right hand and lost his earnings.