1.

MFA No.4844/2020 is by the BMTC, challenging

the finding of the Tribunal that the driver of the BMTC

alone was responsible for the accident and also the

quantum awarded.

2.

MFA No.541/2021 is by the claimant seeking for

enhancement.

3.

As per the evidence of the driver of the BMTC

bus who was examined as RW1, the accident occurred

when the claimant was trying to over take the bus

from the left side of the bus and she lost her balance

and hit the centre door of the bus and as a result, fell

4

down on the road and had suffered injuries. Thus, the

fact that there was an impact between the two

wheeler and the bus, is admitted by the driver of the

BMTC bus himself and thus, it cannot be in dispute

that the accident did occur between the bus and the

two wheeler. Having regard to the evidence of the

driver of the BMTC bus, the argument sought to be

advanced by Sri.Vijaya Kumar, learned counsel, on

the ground that the accident itself was doubtful,

cannot be accepted.

4.

During the course of cross examination, the

driver of the BMTC bus has also admitted that there

was a bus stop near the point of impact. This indicates

that, in all probability, the bus driver swerved his bus

to the left in order to make an halt at the bus stop and

during this swerving the impact occurred.

5

5.

It is also to be noticed here that the police after

investigation have laid a charge sheet against the

driver of the BMTC bus and these factors, in totality,

indicate that the negligence was entirely on the part of

the BMTC bus. The argument of the learned counsel

for the BMTC that the accident occurred due to the

negligence of the rider of the two wheeler ie., the

claimant, cannot therefore be accepted.

6.

The Tribunal has awarded the following sums

after assessing the evidence:

Sl.

No.

Particulars

Amount

in (Rs.)

1.

Pain and sufferings, mental

agony

70,000

2.

Medical expenses

6,30,310

3.

Special diet and conveyance

10,000

4.

Permanent disability

2,59,200

5.

Future medical expenses

20,000

6.

Loss of marriage prospects

1,00,000

Total

10,89,510

7.

It is to be stated here that the claimant, a 19

year old girl studying to be an Architecture sustained

6

a degloving injury to the right upper limb, fracture of

right radial head, right humerus distal end and was

inpatient at Manipal Hospital for 14 days during which

period a wound debridement with an external fixator

was conducted and also excisional debridement was

done apart from skin grafting.

8.

Having regard to the fact that the claimant

suffered a degloving injury to the right upper limb and

also suffered fractures and underwent two surgeries,

the amount of Rs.70,000/- awarded by the Tribunal

towards pain and suffering is inadequate and in my

view, it would be appropriate to award a sum of

Rs.1,50,000/- towards 'Pain and Suffering'.

9.

The

Tribunal

has

awarded

a

sum

of

Rs.6,30,310/- towards actual medical expenses and

these are based on the bills and therefore, it is

affirmed.

7

10.

The Tribunal has awarded a sum of Rs.10,000/-

towards special diet and conveyance. Since, the

claimant was in the hospital for more than 15 days, in

my view, it would be appropriate to award a sum of

Rs.30,000/- towards 'Special Diet and Conveyance'.

11.

As far as the permanent disability is concerned,

the Tribunal has awarded a sum of Rs.2,59,200/- by

taking the notional income of Rs.8,000/- per month.

The

claimant

is

a

1st

year

student

studying

Architecture and she claimed that she was earning a

sum of Rs.10,000/- as Data Entry Operator while

studying. In my view since the claimant was working

as a Data Entry Operator, her claim that she was

earning a sum of Rs.10,000/- per month deserves to

be accepted. The assessment of disability of 15% by

the Tribunal and the application of '18' multiplier does

not call for any interference.

8

12.

Consequently, the claimant would be entitled to

a

sum

of Rs.10,000 x 12 x 18 x 15% =

Rs.3,24,000/-.

13.

The claimant was awarded a sum of Rs.20,000/-

towards future medical expenses which is