KALAIAH Vs. LIYAKATH ALI

JUDGEMENT

(1.) This is an appeal filed by the claimant seeking enhancement of compensation awarded by the Senior Civil Judge and Additional MACT., Sira, in MVC No.527/2011.

(2.) Though, this appeal is listed for admission, since the Trial Court records are received and as the counsel for the appellant and the respondents have consented for final disposal, the appeal is taken up for final disposal.

(3.) The claim petition discloses that, on 18.10.2009, when the claimant and others were traveling in a passenger tempo bearing registration No.KA-07-A-3624, ('tempo' for short) the driver of the tempo drove it in a rash and negligent manner and dashed against the lorry which was going in front of the tempo. As a result, the claimant and the others suffered injuries. The claimant was shifted to the Government Hospital, Tumakuru, where he took treatment for two months and spent substantial sums of money towards followup treatment etc., The claimant therefore, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of a sum of Rs.2,00,000/-.