THIMMAPPA NAIK Vs. SHAILENDRA

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the judgment and award dated 02.01.2015 passed by the Principal District Judge & MACT, D.K., Mangaluru in MVC No.1735/2012.

(2.) The brief facts of the case are that on 30.10.2012 at about 8.45 a.m. claimant was riding the motorcycle bearing registration No.KA-19/EF-3223 from Mani towards Mangaluru. His wife Smt.Kavitha was the pillion rider. When they reached near Halira, Mani Village, a tanker bearing registration No.TN-33/AE-9865 came from opposite direction at a high speed in a rash and negligent manner and dashed against the motorcycle. Due to the impact, claimant fell down and sustained grievous injuries. Immediately, he was shifted to Mahaveera Medical Centre, Puttur where he was inpatient from 30.10.2012 to 03.11.2012. Immediately after recovering from the injuries, he filed a claim petition before the Tribunal in MVC No.1735/2012.

(3.) To establish his case, claimant examined himself as PW1 and got marked 24 documents as Exs. P1 to P24. On the other hand, on behalf of the Insurance Company, two witnesses were examined as RWs 1 and 2 and got marked three documents as Exs.R1 to R3. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs.47,000/- with interest at 6% p.a. Being not satisfied with the quantum of compensation, claimant has filed this appeal seeking enhancement of compensation.