JUDGMENT

The appellant/KSRTC has filed MFA No.5037/2023 challenging the judgment and award dated 23.01.2023 passed by the MACT and XII Additional Judge and ACMM Court of Small Causes Judge, Bangalore, in M.V.C.No.1991/2020 questioning the liability and also to reduce the quantum of compensation.

2. The appellant/claimant has filed MFA Crob No.105/2023 seeking to enhance the compensation awarded by the Tribunal in M.V.C.No.1991/2020 dated

23.01.2023.

3. Heard the arguments of learned counsel for both the appellants and respondents in the above MFA as well as the MFA Crob.

4. The appellant in MFA CROB is the petitioner/claimant and the appellant/KSRTC in MFA No.5037/2023 was the respondent before the Tribunal.

5. For the sake of convenience the rank of the parties is referred to as per their ranking before the Tribunal.

6. The petitioner filed petition under Section 166 of the Motor Vehicles Act before the Tribunal claiming compensation of Rs.15,00,000/- for the injuries sustained by the petitioner in the road traffic accident that occurred on 10.02.2020 at 10.30 a.m. It is alleged by her in the petition that on 10.02.2020 at 10.30 a.m. in Tumkur Bus Stand, she boarded a KSRTC Bus bearing Reg.No.KA.42/F- 1941 in order to go to Nelamangala. Later she came to know from the Conductor that the bus was not going towards Nelamangala, but it is going towards Dabaspete route. Therefore, when she was about to get down from the bus, the driver of the bus without any signal from the Conductor, all of a sudden moved the bus due to the impact, the petitioner fell down and bus went on her left leg, as a result she sustained crush injury to the left leg foot and also injuries up to the knee i.e., Left leg degloving wound extending from the knee to ankle, extending along dorsum of left foot entire circumference of the limb, fracture of lateral medial malleous and fracture of calcanium. Immediately she was taken to the Government Hospital at Tumkur. Thereafter, she was shifted to Sanjay Gandhi Hospital at Bangalore, and took treatment from 10.02.2020 to 28.03.2020 as inpatient due the crush injury to her left leg foot and other parts of the body. Hence she was admitted in the hospital for more than 48 days. She was doing flower vending business and because of the accident, she has suffered from disability, and is unable to do the business. Therefore, she filed claim petition seeking compensation under various heads.

7. Pursuant to the notice, respondent/KSRTC appeared through the learned counsel and denied the rash and negligent driving of the bus and had taken a specific contention that the petitioner boarded the bus and immediately without any signal or intimation to either the conductor or the driver, she herself got down from the running bus. Therefore, contended that the accident occurred due to the negligence on the part of the claimant, therefore, the question of granting any award in favour of the petitioner does not arise and further denied the age, occupation, income and disability suffered by the claimant as false, and hence sought for dismissal of the claim petition.

8. Based upon the pleadings made by learned counsel for both the parties, the Tribunal framed the following issues :-

"1. Whether the petitioner proves that she has sustained grievous injuries in the Road Traffic Accident alleged to have occurred on 10.02.2020 at about 10.30 a.m. near new KSRTC Bus Stand, Tumkur Town, Tumkur due to the rash and negligent driving of the driver of the KSRTC Bus bearing registration number:KA-42-F-1941?

2. Whether the petitioner is entitled for compensation ? If so, to what is the quantum and from whom ?

3. What Order or Award ?"

9. To substantiate the claim of the petitioner, petitioner was examined as PW.1 and got marked 32 documents and also examined PW.2 the Doctor and also got marked Exs.P33 to 36 and after closing the evidence of the petitioner, the driver of the bus was examined as RW.1, but no documents were marked and after hearing the argume