( 1 ) THIS appeal has been preferred by the Karnataka state road transport corporation, Bangalore, from the judgment and award dated 17th february, 1989, made by the motor accidents claims tribunal, Bangalore city, in m. v. c. No. 197 of 1986, awarding a sum of Rs. 2,34,000/- as the total compensation with interest at the rate of 9% per annum.

( 2 ) THE facts of the case in brief are that the injured-claimant, who has been a student of b. sc. 3rd year. On 15-8-1985, at about 9. 15 a. m. , he was going on his cycle from his residence at nimhans to his college, while, he was going near lakkasandra, on hosur main road from east to west on the left side of the road, according to claimant's case, the b. t. s. bus bearing No. Myf 5842, came from opposite side in a rash and negligent manner and dashed against the petitioner, as a result of which the petitioner fell down, sustained grievous injuries and was immediately taken to nimhans. The claimant-respondent, the injured person remained unconscious for 6 or 7 days and sustained linear fracture of the skull of the parital and temporal bone. The claimant's case has been that he had suffered the difficulty caused by the injuries to the brain including the loss of memory, concentration, thinking and reasoning. It has been indicated that a police case had been registered against b. t. s. driver.

( 3 ) THE claimant in the claim petition claimed the compensation to the tune of Rs. 4,85,500/ -.

( 4 ) ON notice being issued, the present appellant, that is, respondent in the claim petition filed the objection denying the averments made in the petition and denied that the driver of the bus was driving the bus in a rash and negligent manner. The present appellant, who was the respondent further took the plea that petitioner was riding the cycle in a great speed and became panicky and lost presence of hearing the horn of the bus and in that process, he began to ride in a zig zag manner. In that process, the cycle skidded off and rolled down on the road, as such, he sustained injuries. In the alternative, the present appellant-respondent asserted that the claim for compensation was excessive and exorbitant.

( 5 ) ON the basis of the pleadings of the parties, the tribunal framed the following issues:1. Whether the petitioner proves that the alleged accident took place on 15-8-1985 at about 9. 15 a. m. , near lakkasandra on hosur road, Bangalore, due to rash and negligent driving by the driver of b. t. s. bus myf 5842? 2. Whether the petitioner proves that he sustained injuries as stated and if so, to what compensation is the petitioner entitled? 3. What order?

( 6 ) THE tribunal after considering the material on record held that the accident in question which has caused injuries to the claimant, had been the result of rash and negligent driving of the b. t. s. bus bearing no. Myf 5842 by its driver, namely, the driver of the b. t. s. bus. It further found that injuries which had been caused to the claimant-respondent were grievous and it has been proved that petitioner suffered from deficits of memory and learning, especially for complex vision and verbal aspects. The tribunal held that the clinching evidence clearly shows that the petitioner's career has come to an end, as the petitioner has been unable to concentrate and study for the April examination and the evidence further shows that he is not able to do any kind of work.

( 7 ) THE tribunal after consideration of the material and after recording the findings as above, awarded the compensation as under: it awarded a sum of Rs. 1,92,000/-, for the loss of income. It further awarded Rs. 40,000/- for injury, pain and suffering etc. And a further sum of Rs. 2,000/- towards medical expenses, conveyance, nourishment etc, and damage to the cycle. Thus entitled, the tribunal awarded a sum of Rs. 2,34,000/-, as compensation with interest at the rate of 9% per annum.

( 8 ) HAVING felt aggrieved from the order of the tribunal, the k. s.