KAPITHULLA @ KAPUTHA @ MOHAMMED FAIK S/O ANEERUDDIN Vs. THE ORIENTAL INSURANCE CO. LTD. BY ITS BRANCH MANAGER AND TRANSPORT CORPORATION OF INDIA LTD.

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation awarded, the claimant in MVC No. 2498/2003 on the file of MACT, Bangalore, (SCCH No. 13) has preferred this appeal under Section 173(1) of Motor Vehicles Act (for short 'the Act') seeking enhancement of compensation.

(2.) THE appellant filed claim petition under Section 166 of the Act seeking compensation of Rs. 10,00,000/ - (Rupees Ten lakhs) for the personal injuries sustained by him in the road traffic accident that occurred at about 5.00 PM on 21/11/2002 as a result of the wheel of the lorry bearing registration No. HR -38 -E -4837 in which he was working as a cleaner, running over his left leg while he was attending to cleaning and greasing work of the lorry by lying down under it in front of Sri. Vinayaka Tyre Works, Tumkur Main Road, Nelamangala, on account of the driver of the lorry suddenly moving the vehicle. According to the claimant, immediately he was shifted to Sanjay Gandhi Hospital Bangalore, where on clinical and radiological examination he was found having sustained fracture of Pelvis on both sides and fracture of shaft of left Femur with hypovolemic shock and he was treated there as inpatient for several months and in -spite of best treatment he has suffered permanent disability which has rendered him unfit for doing any work as such he is left with no source of livelihood.

(3.) IN the light of the pleadings of the parties the tribunal framed the following issues: