SURESH YALLAPPA PATIL Vs. GENERAL MANAGER KSRTC
SUPREME COURT OF INDIA (FROM: KARNATAKA)
SURESH YALLAPPA PATIL
GENERAL MANAGER K.S.R.T.C
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In spite of service there is no appearance on behalf of the respondents. Proceeded ex parte.
This appeal is directed against the order of the High Court of Karnataka wherein, the High Court has reduced the compensation awarded to the claimant/ appellant from Rs. 1,40,000.00 to Rs. 45,000.00 under the Motor Vehicles Act, 1988.
(3.)ON 1.04.1994 at about 6.30 p.m. while the appellant was standing near the Kondaskoppa cross on Pune-Bangalore road waiting for a vehicle for transporting potatoes to Belgaum a KSRTC bus belonging to the respondent corporation came in a rash and negligent manner and dashed against the appellant as a result of which the appellant sustained grievous injuries. His right foot was crushed. He was shifted to district hospital Belgaum where he was an indoor patient for 6 days. Thereafter, he was removed to a private hospital where he was an indoor patient for 40 days. In the private hospital skin grafting was done for the second time by an orthopaedic surgeon, Dr. Dinesh Kale, PW5.
A case was registered on the basis of the complaint filed. The appellant filed claim petition under the Motor Vehicle Act, 1988, hereinafter referred to as 'the Act', before the motor accident claims tribunal, Belgaum, for short 'the tribunal' in MVC no. 646 of 1994 claiming a compensation of Rs. 3,00,000.00. The appellant was 36 years of age at the time of accident. He was an agriculturist and in addition vending milk as well. It was alleged that due to the said accident the appellant was not able to do the work which he was doing immediately prior to the accident resulting in loss of income. The compensation was claimed under various heads.
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