- (1.)LEAVE granted.
(2.)UNWRAPPING the events, which have led to the filing of the instant appeal, depict the following scenario:
On 23.09.2007, the appellant after completion of his Goundi (working at building construction sites) work, was returning from Navanagar, Karnataka on his Motorcycle bearing Reg. No. KA 29/J 731. He was driving slowly and cautiously on the left side of the road. At that time a bus bearing Reg. No. KA 29/6967 came from opposite direction in a high speed and in rash and negligent manner as to endanger human life, dashed into the Motorcycle of the appellant. This happened near the Simikeri Bypass Cross on Gaddanakeri Hubli Road at about 20:30 hours. Due to the said accident, the appellant sustained grievous injuries on his head and all over his body. He was immediately admitted to District Government Hospital, Bagalkot where he got preliminary treatment, whereafter he was shifted to the S.H.K. Hospital, Bagalkot for further treatment. After getting some treatment in the said hospital, the appellant had to be shifted again to Dr. Kerudi Hospital, Bagalkot because of grievous head injuries and there he was treated by Dr. Mohan Wamaske, Neurologist. He underwent a surgical operation in the said hospital where he remained as indoor patient for 10 days. Notwithstanding this treatment, the appellant could not be completely cured and has suffered permanent disability of 58% to the whole body.

(3.)WE may record at this stage that the aforesaid facts pertaining to accident caused due to rash and negligent driving of the bus and the nature and extent of injuries suffered by the appellant stand established before the Motor Accident Claims Tribunal (for short 'MACT'). It would also be worthwhile to mention that against the Driver of the Bus, a case under Sections 279 and 334 of the Indian Penal Code was also registered at the Kaladgi Police Station. After completing the investigation, even the chargesheet has been filed against the Driver, though the outcome of the said case is not known from the records.
Being a victim of the said accident resulting into aforesaid serious injuries and incapacitation of his body, the appellant filed the claim petition under Section 166 of Motor Vehicle Act claiming compensation of Rs.15,00,000/ -. This petition filed before the MACT at Bagalkot was registered as M.V.C. No.296/2002. In this petition, the appellant had impleaded respondent No.1 herein, who was the driver of the vehicle and respondent No.2, Manager, Reliance General Insurance Co. Ltd., which had insured the offending vehicle. The appellant examined himself as PW -1 and narrated the details of the incident. Another significant and material witness produced by him was Dr. Sanjeev S Kalasoor (PW -3), who deposed about the injuries suffered by the appellant and produced copy of Disability Certificate dated 11.02.2009 and other medical records. The respondents also led their evidence. Arguments were heard. The said case culminated in the decision dated 25.11.2010 that was rendered by the MACT recording a categorical and definite finding to the effect that the accident in question was caused due to the rash and negligent act of the driver. The Tribunal, thus, allowed the petition but awarded a compensation of Rs.93,800/ - with interest at the rate of 6% p.a. from the date of accident till the date of realisation. Different heads under which the said compensation was awarded, thereby arriving at a aforesaid figure of Rs.93,800/ - are as under:

Amount (Rs.)

1. Pain and sufferings 10,000/ -

2. Medical expenses 35,000/ -

3. Loss of future income 46,800/ -

4. Loss of amenities, diet nutrition and attendant charges 2,000/ -

Total 93,800/ -