Karnataka High Court
Sri Shekar vs The Managing Director K S R T C on 15 March, 2010
Author: N.Ananda
Bench: N.Ananda
Ne ink? Os, _ Mact, Bang SORE AEN BST ER SEH ERS A BSR ERENT Hae na Mt BS" EE I EE ee a RS RM PPh te oP RT OR BG COCPE ae Cee AR NA AIA iG t IN THE HIGH COURT OF KARNATAKA AT BAN GALORE DATED THIS THE 25™ DAY OF AUGUST 2000. > BEFORE LE MR.JUSTICE N.ANANDA ; M.F.A.NO,15052 OF 2607(MV} eri Shelsar : S/o Sri C Chunchegowda Aged about 27 years a Resident of Besagarahelli Village --~ & Poat, Maddur T Paluls, me Mandya District, Presently residing at No.43, 2°¢ Main Road, Merenshalli, Viiays anager, Bange. lore ~ 560 O40 Jon . APPELLANT By Sri She cnkata Chas ar, Advocate} ANT: an The Managing 1@ Director, . KS-RLC., KL Road, Bangalore -- 80 027. . RESPONDENT (By or ri: S. L: Sanjeev, Advocate) This MFA filed ufje 173(1) of MV Act, againet the : jadg t award dated 26.10.2006 passed in MVC.No.3441/2005 on the file of VI Additional SCJ & galore, Partly allowing the claun petition for SOpSrBAton arn seeking enhancement for compensation, This MPA coming on for orders this day, th court delivered the fp low mig: YE ani tn, ane, TUE SES ESN TESS GoM GP ARN ARA HiGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH © Sigg a "oe MR Sh a electric pole.. The clair ".. ) The tribunal has found fault with the clai JUDGMENT
The matter is listed for admission. Lower court - records are received, With the. consent of learned -- Counsel for partica, itis taken up for final dispowal.
2. This is claimant's appeal for enhancement of compensation.
3. | have heard Sci Shankara Char, learned Counsel for claimant and "Sti S.L.Sanjeev, learned Counsel for K.S.R)T.C.. ~.
4, The aceidert took place when KSRTC bus in which the claimant wae travelling, grazed with road side ii was Keeping his left upper ° elbow un window alll due to which his left upper arm 6 in cottact with the electric pole. ant for . ; keeping his left upper arm, on wirdow sill. It is not un common for the passengers to keep their left upper arm window eile. Bearmg this fact m mud, the driver of 2 Pp A Prd, .
2A IM. ABI os ayjuries and consequent disabilities, perm:
EE SEE EE AE CRATE TET WME WT AARNAIARA MIM COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH C i cad i cn wide bus should maintained aafety . " from the vehicles moving om road and road side objects. The evidence on record clearly establishes that accident -- socurred while the bus trvolved in the acckient was driven to ita extreme left of the road and had gone olf the read. Therefore, the firxiing of the tribimel that had contributed tiégligence to the-causae of aocidert cannot be eueteined. . As a resull of the accident, claimant had suffered fracture of leh husserus, fractures of left radius and
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ding. The tribunel has awarded compensation of contributory negligence attributed to petitioner. The evidence on. record discloses that claimant was sustaining by. manual labour. The tribunal should have awarded compensation towards 'oss of earring capacity wand. fature Ioee of earning'. Considering nature of dent i physical disability vis-a-vis loses of earning capacity is Pat assessed at 10%. The claimant was aged about 25 years @i tie fre of accident. Therefore, the claimeart is fh .
you bo, fran ay SEPP ER tele el hie ton.
HE PRM Bs ~ & ~ erititied to compensation of Re.64+,800/- (Rs.3,6¢ 3% 18) urkier the head 'loes of earning capacity ard fan are lows of earring.
©. In the reeult, | pase the £ folowing order: the I hate - The appeal is accepted. in part. he "impugned -- la orrec - 4 V.C.6. dt. ¥RS 1,11 ,000/- , 15.03.2010 Ward % modified. Compensation ar - Ras. 975, 200/m, awarded by the tribunal is enhani vA to: Rs. 1,48,0507- L f ren spondent (KSRTC} shall hear the. 8a ane with in nterest, cas 6% p.a. from the date of petition tn the dete of f realieation, ' The payment and investment 'ghall ne in the ratio evolved in the umpugmed award, Parties are directed to bear their SERENE SES ESSERE UNGEE Soe TR WE PURINE LEA MEG COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH Cc ge rs me codts., Sd /-
con JUD GE nas.
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