Ramesh vs T. Doraiswamy

Huluvadi G. Ramesh, J.—This appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the learned Senior Civil Judge & Addl. MACT, Hiriyur, in MVC. No. 210/2008, dated 19th November 2010.

It is the case of the claimant that on 26.1.2008 at about 4.00 p.m. when he was proceeding on motorbike bearing registration No. KA-04/EQ-4593 in front of Gireesh college, main road, Hiriyur town, a KSRTC bus bearing registration No. KA-17/F-825 came in a rash and negligent manner and dashed against the motorbike due to which, he sustained grievous injuries. Immediately, he was shifted to Government Hospital, Hiriyur and thereafter to Bapuji Hospital, Davanagere and Shirdi Sai Hospital, Bangalore. Stating that an amount of Rs. 2 lakhs has been spent towards medical expenses, claimant filed claim petition before the Tribunal seeking compensation.

On the matter being contested by the respondent- KSRTC, the Tribunal raising relevant issues for consideration after enquiry, holding that the accident was due to negligence on the part of the driver of the KSRTC bus to an extent of 75% and on the part of the claimant to an extent of 25%, on the ground that he was alcoholic at the time of accident, awarded compensation of Rs. 66,032/- after deducting contributory negligence to an extent of 25%, with interest at 6% p.a. Being not satisfied, the claimant/appellant is before this Court seeking enhancement of compensation, as well as challenging the finding on the point of contributory negligence.

Heard the learned counsel representing the parties.

According to the learned counsel for the appellant-claimant, there are no documents to show that claimant was intoxicated at the time of accident and there is no negligence on the part of claimant and accordingly, sought enhancement of compensation on the ground that it is on the lower side.

The learned counsel for the respondent-KSRTC submitted that claimant was riding the motorcycle in a zigzag manner and dashed against the bus and as such, the accident was caused due to the negligence of the claimant himself. He further submitted that, as per the evidence of RW-1, the driver of the bus had taken the bus to the extreme left side of the road, in spite of it, he could not avoid happening of the accident.

On perusal of Ex. P-6-discharge summary issued by Bapuji Hospital, it is seen that claimant was found intoxicated. Therefore, when it appears that the claimant had no rebuttable evidence having found him intoxicated, the finding given by the Tribunal to the effect that there is contributory negligence on the part of the claimant to an extent of 25% in causing the accident cannot be found fault with.

So far as awarding compensation is concerned, as per the wound certificate, claimant has sustained head injury, fracture of zygomatic area and there was bleeding through left ear. Claimant was aged 34 years at the time of accident. The accident is of the year 2008. Having regard to the nature of injuries sustained by the claimant, he is awarded compensation of Rs. 20,000/- over and above the compensation awarded by the Tribunal towards loss of amenities and enjoyment in life, after deducting contributory negligence to an extent of 25%, with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The impugned judgment and award passed by the Tribunal is modified accordingly. The respondent-KSRTC to deposit the amount within three months.

Appeal is allowed in part accordingly.