THE MANAGING DIRECTOR, K.S.R.T.C. Vs. SHIVAPRASAD

JUDGEMENT

(1.) These two appeals respectively by the Corporation and the Claimant are directed against the same impugned judgment and award dated 5th Sept., 2006. passed in MVC No.7743/2005, on the file of the V Addl. MACT, Mayo Hall unit, Bangalore (SCCH.No.20). (for short, 'Tribunal'). awarding compensation of Rs. 7,03,000.00 to the claimant, as against his claim for Rs, 50.00 lakhs.

(2.) While the Corporation has tiled the appeal on the ground that the compensation awarded by Tribunal is excessive, exorbitant and is therefore liable to be substantially reduced, the claimant has filed the appeal on the ground that the compensation awarded is inadequate and needs enhancement, by modifying the impugned judgment and award passed by Tribunal.

(3.) The facts in brief are that, the claimant claims to be aged about 43 years. running a travel agency, earning a sum of more than Rs. 10,000.00 per month. He was hale and healthy prior to the date of accident. That at about 6:30 p.m. on 03-08-2005, when the claimant was proceeding on his Honda Activa hearing No.KA-01/Y-4417. on A.V. Road. near VRI. Travels Office. Kalasipalyam, Bangalore, he met with an accident on account of rash and negligent driving by the driver of a KSRTC bus bearing Registration No.KA-01/F-6896, due to which, he fell down and sustained grievous injuries. Immediately he was shifted to KIMS Hospital, for first aid treatment and thereafter, to Manipal Hospital, where was in-patient for nearly 7-6 days and underwent several surgeries. PW3 doctor has assessed the permanent physical disability towards lower limb at 40% and whole body disability at 15%. It is the case of the claimant that he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.