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CASE NO.:

Appeal (civil) 5453 of 2003

PETITIONER:

The Divisional Controller, KSRTC

RESPONDENT:

Vs.

Mahadeva Shetty and Anr.

DATE OF JUDGMENT: 31/07/2003

BENCH:

DORAISWAMY RAJU & ARIJIT PASAYAT.

JUDGMENT:

J U D G M E N T

(Arising out of S.L.P. (C) No. 15861 of 2002

ARIJIT PASAYAT,J

Leave granted.

Mahadeva Shetty (hereinafter referred to as ’the

claimant’) suffered serious injuries on 4.6.1995 as a result

of a vehicular accident where a bus bearing No.KA-01/F 5097

belonging to Karnataka State Road Corporation (hereinafter

referred to as ’the Corporation’) was involved. According to

the claimant, the accident took place on account of rash and

negligent driving by driver of this bus. As a result of the

accident the bus plunged into a ravine resulting in serious

injuries to the spinal cord of the claimant and made him a

paraplegic. He filed an application for compensation before

the Civil Judge (Senior Division) & JMFC, Nanjangud,

(hereinafter referred to as ’the Tribunal’) claiming

compensation of Rs.9.83 lakhs. According to the claim

petition filed under Section 166 of the Motor Vehicles Act,

1988 (in short ’the Act’) the claimant was a Mason by

profession. The bus in which he was he was a passenger

plunged into a pit by rolling down from a great height, and

he sustained injuries and a few persons lost their lives on

account of the accident. He was hospitalized for about 7

weeks i.e. days from 5.6.1995 to 23.7.1995. There was

fracture of T12 vertebra and consequent damage to nerve

system of the whole body below the hips and the body has

been functionless. Limbs have become functionless

permanently due to failure of nerve system due to accident

and he has also lost sexual power. He was earning

Rs.3,000/- per month at the time of accident. It was stated

that that he was of good health at the time of accident.

Stand of the Corporation in reply to the claim petition

was that the accident was not due to rash and negligent

driving, but an act of God and that there was no rashness

and/or negligence as claimed by the claimant.

On consideration of the materials on record and the

evidence of witnesses examined, the Tribunal awarded

compensation of Rs.2.20 lakhs. It was stipulated that the

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amount be paid with interest @ 6% p.a. from 28.12.1999, i.e.

the date when claimant tendered evidence in support of the

claim.

Matter was carried in appeal by the claimant before the

Karnataka High Court for enhancement of compensation. The

Corporation supported the order dated 24.5.2000 of the

Tribunal taking the stand that there was no infirmity in the

order. In appeal the High Court raised the amount of

compensation to Rs.6.25 lakhs. Under various heads, the

amounts of compensation as awarded by the Tribunal and the

High Court are as follows:

________________________________________________________________

Heading Tribunal High Court

________________________________________________________________

(a)Pain & Suffering Rs.25,000/- Rs.1,00,000/-

(b)Mental agony Rs.25,000/- Both under the head

injury, pain and

suffering

(c)Medical Expenses Rs.15,000/- Rs.15,000/-

(d)Transportation Rs.5,000/- Rs.5,000/-

(e)Loss of marital life Rs.75,000/- Rs.1,50,000/-

(f)Loss of future income Rs.75,000/- Rs.2,55,000/-

(g)Future expenses ------ Rs.1,00,000/-

(h)Interest @ 6% from the @ 9% from the

date