Bengaluru: The high court upheld the compensation awarded to a Mangaluru-based teacher who sustained injuries due to alleged negligence of a Karnataka State Road Transport Corporation (KSRTC) bus driver.
On Oct 30, 2016, Shyamala B, a resident of Someshwar, Mangaluru, was travelling in the bus, sitting at a window seat in the rear. The bus was allegedly being driven in a negligent and rash manner over road humps. Due to repeated jumps, Shyamala’s body rubbed against the window and she dislocated her elbow joint and sustained injuries on her right lower arm.
She approached the tribunal, seeking Rs 20 lakh in compensation. However, the tribunal awarded Rs 6,60,100 by an order dated Oct 29, 2022. KSRTC challenged the order, claiming the driver of the bus was acquitted of the offence of rash and negligent driving. Being a teacher, the claimant ought not to have stretched her hand outside the window, paving the way for it to be hit by another vehicle, the KSRTC argued.
Justice Chillakur Sumalatha noted that no material whatsoever was produced by KSRTC about the vehicle that hit Shyamala’s elbow. “If two vehicles come so close to each other, which is impermissible under law, one of them would be at fault. If the driver of the other vehicle, as contended by the appellant, was at fault, the KSRTC driver or the conductor ought to have complained to the competent authority immediately after the accident. However, no such complaint was given,” the judge said.
Though the respondent projected before the tribunal that she was earning Rs 59,149 per month as a teacher and succeeded in establishing her occupation and income, the tribunal took her notional income as Rs 9,500 and proceeded to award compensation with necessary calculation under the heads, ‘Loss of future income on account of disability’ and ‘Loss of earning during laid-up period’. The compensation granted under all heads is reasonable, the judge observed.
The respondent succeeded in establishing that she sustained a bone-deep injury over the right lower arm and dislocated her elbow joint, the court said. The respondent also established that she underwent procedures for her injuries, the judge observed while dismissing KSRTC’s appeal.