The main legal point established in the judgment is the court's power to enhance compensation under Order XLI Rule 33, C.P.C. to ensure 'just' compensation for the claimant, considering the serious permanent physical disability suffered by the claimant.

The lone respondent of a case in MVC.1000/- 10 pending on the file of Principal Senior Civil Judge & MACT, Gulbarga, has challenged the judgment and award passed on 10.1.2012.

2. Several grounds have been raised in the present appeal filed under Section 173(1), Motor Vehicles Act, 1988. Respondent herein is the claimant in the said case. He was injured in a road accident that took place on 19.2.2010 at 5.20 p.m. when he was proceeding in a tumtum goods goods vehicle bearing No.KA32A9448. When they reached a place called Krishna Stone Machine on Gulbarga Sedam road, the bus belonging to the appellant bearing no.KA33F38, being driven in a rash and negligent manner by its driver, dashed against the goods vehicle as a result of which respondent suffered severe injuries to many parts of his body. He was immediately shifted to Basaveshwar General Hospital, Gulbarga and later on shifted to a superspeciality hospital at Solapur, where he was under treatment for more than 6 months as an inpatient. It is his case that he has spent huge amounts for his treatment, and on account of the injuries suffered by him, his earning capacity has come down drastically. The accident is said to have taken place solely due to the negligence of the driver of the bus.

3. Appellant who is respondent in the claim petition has filed detailed written statement denying all plaint averments and the petitioner has been called upon to prove the manner in which the accident took place, injuries sustained by him and the effect thereof on his future disability, amount spent for his treatment, etc.

According to the appellant, the driver of the tumtum was also responsible for the accident. The claim for Rs.21.8 lakhs as compensation under different heads is said to be excessive and unreasonable. With these pleadings, respondent had requested the Tribunal to dismiss the petition.

4. On the basis of the above pleadings, the Tribunal framed the following issues:

1) Whether the petitioner proves that on 19.2.2010 at about 5.20 a.m. the petitioner along with three persons was coming to Gulbarga to purchase the meat in a tumtum bearing No.KA32/A9448 and when the said tumtum came opposite to Krishna Stone Machine on Gulbarga Sedam road, at that time a NEKRTC bus bearing No.KA33/F38 came in a high speed and also in a rash and negligent manner and dashed to the tumtum and caused the accident?

2) Whether the petitioner further proves that the accident occurred due to the negligent act of the drier of the NEKRTC bus bearing No.KA33/F38 and the petitioner sustained grievous injuries and as such the respondent is liable to pay compensation?

3) Whether the respondent proves that the accident occurred due to the rash and negligent driving of the driver of the tumtum?

4) Whether the respondent further proves that the driver of tumtum was not holding valid and effective D.L. on the date of accident?

5) Whether the petitioner is entitled for compensation? If so, to what amount and from whom?

6) What award or order?

The petitioner is examined as PW1 and Dr.Kishore Mengi who treated him is examined as PW2. In all 611 documents have been got marked. No evidence is adduced on behalf of the respondent Corporation. Ultimately issue nos.1 and 2 have been answered in the affirmative and issue no.5 is answered partly in the affirmative, while issue nos.3 and 4 have been answered in the negative.

5. The following is the quantum of compensation awarded to the claimant under different heads found in paragraph 22 of the judgment:

‘Looking to the nature of injuries sustained by the petitioner which reveals that he has sustained grievous traumatic brain injury, vegetative and fracture of both femur, the petitioner is entitled for a sum of Rs.40,000/- under this head. Thus the petitioner is entitled for compensation under the following heads:

1) Pain and suffering Rs. 60,000/-

2) Medical expenses Rs. 3,90,000/-

3) Attendant, nursing, extra nourishment and conveyance: Rs. 20,000/-

4) Loss of future earnings