IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 11TH DAY OF NOVEMBER BEFORE THE HON'BLE MR.IuSTICEWIAWAD~VRA:EI;M=.iii MFA No. 5325g2:oo7;fl~fI\I)_i'.j 7 BETWEEN: THEJWANAGINGLHRECTOR g" KSRTC Pa*-- BANGALORE ,' «>5 _=7» REP. BY ITS CHIEF LAW..QEF1CER; I " NwKRTC_,. ;I;sgx, » HUBLI I~"",f=~; 'RFVRi%'x4'3' ".APPELLANT (BY SMT. SuMAIRNGAIAIAAV.L:SwAMY, ADV.) AND : YQGESH _ S/'O'.~-CHANORA.SHEKAR BTS. 24-¥E.ARS_ , _ M R/O.' IjEM.SAG'A.RL: VI_L_LAGE SAGAR~.TALI.UK' I 1 _'SHIMOGADISTRICTI' RESPONDENT I.7:;.IA._RA-.D(YOOE'SIji'i--C. - RESPONDENT IS SERVED) '""THISr'.-'MFA FILED U/S. 173(1) OF MV ACT AGAINST v.A'.V~4"_~THER.73UDGMENT AND AWARD DATED: S/8/2006 PASSED IN FIVC. 63/2001 ON THE FILE OF THE CIVIL JUDGE MEMBER, ADDL. MOTOR ACCIDENTS CLAIMS "=._"~T_RIBUNAL, SAGAR, AWARDING A COMPENSATION OF .5' g *''L/ Rs.40,300/-- WITH INTERESTZAT 6% P.A. FROM THE DATE OF PETITION TILL REALISATION. THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: -. ORDER
KSRTC is in appeal against the judg_rn_eV:”ri-t_an_d~ avlvardg
in MVC.63/2001 on the file of A:dd«l.iiVioto.r.:
Claims Tribunal, Sagar _.datedfl:O5.O8.g2,Ci0’6′.9′
respondent/cla§mant has rernSaiV:n’ed unrepresentfled despite
service of notice of th.i§’agppea’i”.I. ‘;S’:’ I
‘– ‘ is admitted and taken up
for final d”:sposalV}’ ” .
..ifromAthmeAmateria| made available, it is noticed
thati’th:e,:r’eVsp.oSndent/claimant sought compensation from
the!apvp~e!laintIS alleging that on 19.07.1999 at 11.40 am.
vvhilezhei’ was standing in the corridor near Sriram Bakery,
first respondent drove KSRTC bus bearing Reg.No.KA–
.,,__3§1/F-220 in a rash and negligent manner, He lost control
consequent to which Bus reversed and he collided with hit
1/
cu
A3»
him. The appellant fell down suffering injuries and was
rushed to hospital where he was examined by i_”–_’W2 —
Dr.K.N.Ra}’shekharappa. He was inpatient for”~.5g_,”d-.a_ys
during which he was subjected to
Fortunately, it revealed he had__n.ot__ suffered::.’.fractu’re
bones of the body but had
Dr.K.i\i.Rajshekhar, Senior ‘Sp’e.cia|istv-
deposed claimant had suffere__dminjury tohlthejfiipgijoint and
movements are pain’iuV:l and The limb was
externally rotated and.’t’he-re: w’a.$”‘sten’derini’ess over the right
trochantric,.re.gio:n’::._«_’_A~b_io_o1d_clot iwaslifolund below the right
ribs and he onl 26.07.1999.
, .4. summary, wound certificate and
documents._brough’t”Vin evidence are considered. The
4’iVopi_i.aed though there was no fracture yet the
ilnjury head caused 20% physical disability of the
whole body. The tribunal accepting the evidence of PW2
V”‘x.,Aawwa:”r’ded Rs.10,000/- towards pain and sufferings,
_gV___F?;s.10,O00/– towards loss of happiness, amenities and loss
of academic year in education, medical expenses
Rs.15,000/-, traveiling expenses Rs.2,800/–, nursing and
attendant charges Rs.40,300/–. These amoijnts4.:T:”are
questioned. However as could be seen from.«_ti1eV nati.jref’_Cf
injuries, the physicai disabiiity spoi<en_to tried
award is on the iower side. The;"1«conte'i*itio'r*;–
KSRTC that award is excessive-'~…iVs therefore :u:ns.sjstaVinjabie."' V
I do not find any ground in tihenavppeai to jursvtifyfteduction
of compensation granted to 'the?Vresipoincietnt/ciaimant, The
appeal is therefore disniissed aff.i:rnjain'-g judmgnent and
award passeci»soyiiii§;"hg_=. H a
d.e'po'sit_is. Vpermitted to be transmitted
to the ifritaunai'fo.r'vd'isbursen*ient. . v
sal-
‘JUDGE
vg/'”—— i