LAKSHMANA ACHARYA Vs. MOOSA ALI

JUDGEMENT

(1.) Though this appeal is listed for admission today, with the consent of the learned counsel for the appellant and the learned counsel for the respondent No.2, it is taken up for final disposal. Notice against respondent No.1 is dispensed with.

(2.) This appeal is filed by the injured - claimant challenging the judgment and award dated 12.10.2012 passed in M.V.C.No.246/2009 on the file of the Fast Track Court, Member, MACT-II, D.K., Mangalore, seeking enhancement of compensation.

(3.) The factual matrix of the case is that on 26.2.2008 at about 3.00 pm. when the claimant was riding the motorcycle bearing registration No.KL-14-D-1659 near St. Monica Church, at Church Road junction at Kumble, within the limits of Kumble Police Station, the driver of a Tata SFC Mini Tempo bearing registration No.KL-14-G-5631 drove the tempo in a high speed in a rash and negligent manner and dashed against his motorcycle. As a result of the same, he was thrown on the road and sustained several injuries. Immediately, he was shifted to District Co-operative Hospital at Kumble and after the first aid, he was shifted to City Hospital, Mangalore and he took treatment as inpatient and as out-patient as well. It is the case of the claimant that he engaged an attendant and spent Rs.200/- per day towards attendant's charges. He was earning Rs.10,000/- per month working as a goldsmith and he has spent huge amount for his treatment and he was in hospital for more than 260 days. Hence, he claimed the compensation by filing the claim petition.