SAYED INAYATHULLA Vs. MAHANTESH P. OLEKAR

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the judgment and award dated 13.03.2015 passed by the Senior Civil Judge & MACT, Harihar in MVC No.101/2012.

(2.) The brief facts of the case are that on 27.01.2012 claimant was pillion rider traveling in the motorcycle bearing registration No.KA-17/S-3485 from Bannikodu Village to Harihar. At about 1.30 p.m. when they were near Harihara Nagara-Sabha on Shimoga - Harihar road, a KSRTC bus bearing registration No.KA-27/F-431 which was coming from the opposite direction dashed against the motorcycle of the claimant. As a result, he fell down and sustained grievous injuries. Immediately, he was shifted to Government Hospital, Harihar and as per advice of the doctor of said hospital, he was shifted to S.S. Institute of Medical Sciences and Research Centre, Davanagere wherein he took treatment as inpatient and undergone several surgeries. Immediately after recovering from the injuries, he filed a claim petition before the Tribunal in MVC No.101/2011.

(3.) To establish his case, claimant examined himself as PW1 and others as PWs. 2 to 7 and got marked 25 documents as Exs. P1 to P25. On the other hand, the Corporation has examined one witness and has not got marked any documents. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs.3,18,228/- with interest at 6% p.a. Being not satisfied with the quantum of compensation, claimant has filed this appeal seeking enhancement of compensation.