Suresh Bhat S/O Late Krishna Bhat vs The Managing Director Bmtc on 6 February, 2009

 2  .¥t!.S.fiC§," éudvs.)

the judgment and award dated 6.4.06 passed in MVC
E*Jo."6536703 on the file of the VI Addl. Judge, Court of Small

IN THE HIGH. COURT ()1? KARNATAKA A
BANGALORE A 

DATED THIS THE 06" DAY OF 

THE H()N*BLE MR. .ms'r1ci1§HU   1 

MISCELLANEOUS.F}RS"F«Al§PEA1;»'N-(ii10436?X

BETWEEN:

Suresh Bhat, _     _   
Sfolatc Krishna Bhat, . é  , "      '

Rfa No.43, 5:1, BJP N_i1aya?     

Near Namaste Gamicnt; ff. "*3  V V

Vitzalanagar, Chaniarajgbet, V    ., ' -
Bangalore-560038.  = -- _    ...APPELLANT

(By Sri.A.Kesha\;a -Bhat AE§117..§{.Sri1{i*§.shna, Am. )

AND: _  %  

 

  V'  V 
 K.H._Road,  
Bangalcarye-560027.  v  ...RESPONDENT

lhiflk

%TLk%1′:§$%s»1«;i.F.A. is filed under Section 173(1) ef Mv Act

caiiszcé, Member, MACT, Metropolitan Area, Bangalcare (SCCH

33*

No.2), partly allowing the claim petition fer eompesisation and
seeking enhancement of compensation.

This M.F.A. coming on for further”

Couri delivered the following}   ' M ' 
JU GMENT€elfTP*

There is a delay of  in   appeal. The

same is condoned. '   

2..    claimant seeking for
   not satisfied with the

axvegd -. Srraall Causes Judge and MACT,
Banggicrgin

_ —l.6.9.(}3 around 9.30 pm- when the claimant was

.uff1avel}ii1ldg;l1..V’ filom Mysore Circle to Vittalanagar on his meter

cycle__l’i~bea1″ing N0.KA05 EC 1342, a BMTC bus bearing

‘v.,Il\l§::~l<IA{}1 F 758 came in a rash and negligent manner and

dashed against flue motor cycle, due to which, he fell down and

sustained grievous injuries. Accardingly, the claim petition

vhf

was filed. On the matter being contested, the Tribqnai having

raised three issues far consideration. after cnquirj€,V"h':i!5ii;g held

that the accident was due to the negligence thg

driver {If the BMTC bus and av§*éaVrdcd«_

Being not satisfied with the c:lai.1»'1_v2_;-"m'tvié~s'. n1)'t%fi".'!fVE"{'thiS

Court.

4 Heard ”

——– cvidséncc the claimant has sustained

twig simpieyii2jurjMes_é;.=1ii”Qné grievous injury i.e., bimalieolar

fT’aCt1lvvlV”vf§”£)f”th€% and the Tribuna} has noted that as on

t’m.:_-date cxf ficciéieilt the claimant was not in service. The

V been awarded Rs.i(}}0=00i’- towards min and

‘A Rs.2-fi,l29!’- towards medicai expenses, Rs.8,00{}/’-

n T titwfirds accidental charges. Rs.5,000f– tewards loss of earning

V’ -(‘tinting the laid up period. Stating that claimant is a Supenrésm

in Production Department as per the satary certificate produced

the Tribunal has opined that there cannot be any loss of future

W