1 2 denied the allegation of rash and negligent driving of the bus and pleaded that they were number liable to pay companypensation.
The Tribunal then companysidered the issue of companypensation, referred to statement made by the appellant in the form of affidavit as also the statement of Dr. S. Ranjanna, Orthopaedic Surgeon at Bowring and Lady Curzon Hospital, who was examined as PW 2 and held that the appellant is entitled to companypensation of Rs.45,000/ with interest at the rate of 8 from the date of application till the date of deposit.
In cross examination, Dr. Ranjanna made the following statement Patient walks with a riding gait.
Dissatisfied with the award of the Tribunal, the appellant filed an appeal under Section 173 of the Act.
Loss of amenities including loss of the prospects of marriage.
On the same day, he was admitted in Bowring and Lady Curzon Hospital, Banglore.
He was discharged on 22.9.2003.
31,000/ The appellant became a victim of road accident which occurred on 8.9.2003 when he was hit from behind by bus bearing No.
In the petition filed by him under Section 166 of the Motor Vehicles Act, 1988 for short, the Act , the appellant claimed companypensation of Rs.5,00,000/ with interest by making the following assertions that at the time of accident, his age was 24 years that the accident was caused due to the rash and negligent driving of the bus that due to the accident, he had sustained grievous injuries and remained in the hospital and that his treatment was still companytinuing that he had spent Rs.5,000/ by way of medical expenses that he was apprehensive of becoming disabled and that the same would result in loss of earning and affect his livelihood and that he would have to suffer companystant pain and discomfort throughout his life.
KA 04 A 3784 belonging to respondent No.
In their written statements respondent Nos.
After companysidering evidence produced by the parties, the Tribunal held that the accident was caused due to rash and negligent driving of the bus owned by respondent No.
Loss of expectation of life.
5,000/ per month and that after the accident he was number in a position to work as carpenter.
As regards his earning, the appellant gave out that at the time of accident, he was working as Carpenter and was earning Rs.
In his affidavit, PW 2 Dr. S.Ranjanna companyfirmed that the appellant was admitted in Bowring and Lady Curzon Hospital on 8.9.2003 and was discharged on 22.9.2003 that he had examined the patient on 2.5.2005 and found that he was having altered gait, frequency of inculcation and was finding difficult to sit with cross legs or squat.
In the affidavit filed by him before the Tribunal, the appellant categorically stated that due to accident he had suffered injuries on the abdomen and other parts of the body that he was shifted to Bowring Hospital, where he remained for 15 days that thereafter, he went to his native place at Gorakhpur and remained admitted in Royal Hospital from 29.9.2003 to 10.10.2003 that he had also taken treatment at Sri Krishna Hospital and Urology Centre as indoor patient from 12.10.2003 to 13.10.2003 and that he had spent Rs.
We have heard Mr. V.N. Raghupathy, learned companynsel for the appellant and perused the record.
He further stated that due to accident, he was finding it difficult to pass urine and was having severe pain in the lower part of the abdomen that the Doctors had advised him to undergo an operation to set right the problem but due to financial companystraint he was number in a position to undergo the surgery.
40,000/ towards medicines, companyveyance and other charges.
860/2004 was enhanced by a paltry sum of Rs.
S. Singhvi, J. This appeal is directed against the judgment of the Division Bench of the Karnataka High Court whereby the companypensation awarded to the appellant by Motor Accident Claims Tribunal 4 Metropolitan Area, Bangalore for short, the Tribunal in MVC No.
This results in prolonging the proceedings before the Tribunal.
