SANDEEP KUMAR U. JAIN S/O UTTAM CHANDA JAIN Vs. SRI. V. THEERTHA PRASAD AND THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THE appellant/claimant in MVC No. 4969/2003 on the file of the Small Causes and Additional MACT, Bangalore, is before this Court under Section 173(1) of the Motor Vehicles Act, 1988, for enhancement of compensation by modifying the impugned Judgment and award dated 26 -07 -2005 passed in the above said case.

(2.) THE brief facts of the case leading to the filing of this appeal may be stated as under: It is the case of the appellant/claimant that due to rash and negligent driving of the Toyota Quallis bearing Registration No. KA -02AB5554 he came and dashed against the motor cycle bearing Registration No. KA -02EB1753 and the claimant who was riding it along with a pillion rider (viz., the claimant in MVC No. 4968/2003) sustained grievous injuries. It is the case of the claimant that as on the date of the accident, he was 21 years, working as a co proprietor of Uttam Silk and earning Rs. 10.000/ - per month and he has spent Rs. 2,00,000/ - towards medical expenses, conveyance, nourishment expenses till the dale of filing of the Claim Petition. The claimant, filed a Claim Petition against the owner and insurer of Toyota Quallis claiming compensation of Rs. 15,00,000/ - towards injuries sustained in the accident. The Claim Petition in MVC No. 4968/03 and MVC No. 4969/03 were clubbed. The parties went to trial. In so far as the claimant, in this case, is concerned, he got himself examined as PW -1, besides examining, the Medical Officer as PW -5 and got marked documents. The Tribunal has held that the accident occurred due to rash and negligent driving of the Quallis Car driven by its driver and awarded compensation in favour of the claimant as under:

(3.) SRI . A.N. Krishnaswamy, learned Counsel appearing for the respondent No. 2/lnsuranee Company submits that the compensation awarded by the Tribunal is adequate and there is no good ground for enhancement.