EDMOND PAUL Vs. UNITED INDIA INSURANCE CO., LTD

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the Judgment and Award passed in MVC No.4672/2006 dated 30.01.2010 on the file of the Chief Judge, Court of Small Causes & Prl. M.A.C.T., Bengaluru ['Tribunal', for short], questioning the quantum of compensation.

(2.) The factual matrix of the case is that the accident took place on 24.01.2006 at about 3 pm in front of BHEL Guest House, Ulsoor, Bengaluru, wherein motor cycle bearing registration No.KA-03/EC.7120 was involved in the accident and the same was driven by the Respondent No.3. The Respondent No.2 was the owner and Respondent No.1 was the Insurer. Pursuant to the claim petition, notice was issued against Respondents. Respondent Nos.1 and 3 contested the matter and Respondent No.2 remained ex parte. The claimant, to substantiate his claim, has examined himself as PW.1 and also examined Doctor as PW.2 and got marked Exhibits.P1 to P16. The Insurance Company has marked Exhibit.R1 and not examined any witnesses. The Tribunal, after considering both oral and documentary evidence, allowed the claim petition in part, granting compensation of Rs.2,03,000/- with 6% interest per annum.

(3.) The claimant in the present appeal would contend that the compensation awarded is meager and medical expenses though claimed to the tune of Rs.1,25,000/-, only awarded an amount of Rs.50,000/- and also compensation awarded under other heads are meager.