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2011 Supreme(SC) 397

Sri Nagarajappa – Appellant
Versus
The Divisional Manager, The Oriental Insurance Co. Ltd. – Respondent


JUDGMENT

Ganguly, J. —

1. Leave granted.

2. On 13.08.2004 at about 6 p.m., the appellant was crossing the road carefully when a BMTC bus (bearing registration No.KA-05-B-5245) came in a rash and negligent manner and dashed against the appellant whereupon he was admitted in hospital for treatment as he had sustained multiple injuries.

3. The appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.5,00,000/-. The appellant was working as a coolie and claimed that he was earning a monthly income of Rs.4,500/- p.m.

4. The Tribunal concluded that the accident occurred for the rash and negligent driving of the bus driver as a result of which the appellant had sustained injuries in the accident. On perusal of evidence it was found that the appellant had sustained injuries of compound fracture of ulnar styloid process of the left hand and subluxation of the left wrist. The doctor assessed disability at 23% of the whole body. Therefore, it awarded Rs.20,000/- for loss of amenities, Rs.30,000/- for pain and suffering, Rs.30,000/- for medical expenses and conveyance and Rs.2,000/- for future medical treatment. For loss of income during th


































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