BABAJAN Vs. K. GANAPATI KAMAT

JUDGEMENT

(1.) The claimant is before this Court not being satisfied with the quantum of compensation awarded and aggrieved by saddling of 30% negligence on the claimant under the judgment and award dated 13.09.2011 in MVC No.118/2010 on the file of the Fast Track Court-III, Dharwad and praying for enhancement of compensation.

(2.) The claim petition was filed under Section 166 of the Motor Vehicles Act claiming compensation for the injuries sustained by the claimant in a road traffic accident. It is stated that on 04.08.2009 when the claimant was traveling as passenger in a bus bearing No.KA-25/D-66 and after alighting from the bus the claimant was proceeding and the driver of the bus drove the same in a rash and negligent manner and dashed against the claimant. Immediately he was taken to the District Hospital, Dharwad and he was inpatient for one moth. It is stated that the claimant was doing centering work and was earning Rs.6,000/- p.m. He was aged about 44 years as on the date of the accident.

(3.) On issuance of notice, respondent No.1 failed to appear before the Tribunal and he was placed exparte. Respondent No.2 insurer filed its objection and denied petition averments. Respondent no.2 also denied rash and negligent driving of the bus driver and also contended that the driver of the vehicle was not holding driving license as on the date of the accident.