LAWS(KAR)-2020-3-187

K. L. SHANKAR Vs. BALAKISTAIAH C,

Decided On March 19, 2020
K. L. Shankar Appellant
V/S
Balakistaiah C, Respondents

JUDGEMENT

(1.) The claimant in MVC No.247/2015 on the file of XXI Additional Small Causes Judge and the MACT, Bengaluru, has come up in this appeal seeking enhancement of compensation awarded by the tribunal.

(2.) The material on record would indicate that the claimant an inmate of Indica car bearing registration No. KA 01 AA 9556 was proceeding from Bengaluru to Shigandoor along with his friends. The car in which he was traveling is said to have met with an accident with Swift car bearing registration No.KA 14 N 5092 which according to the claimant was driven in rash and negligent manner at high speed. In the said accident the claimant is said to have suffered injuries. Hence he was admitted to the hospital from 26.10.2014 to 30.10.2014 where he is said to have spent Rs.1,20,000/- towards medical and other incidental charges and he would also state that because of the injuries he has suffered disability which has come in the way of his employment as plumbing contractor. Hence he has filed claim petition seeking compensation in a sum of Rs.30 lakh.

(3.) In the proceedings before the tribunal he has adduced evidence as PW.1 and produced in all 11 documents in support of his claim. As against that on behalf of respondents three witnesses were examined and 9 documents were produced. The tribunal on assessment of the same has noticed that there is no nexus between the accidental injuries and the documents which are relied upon by the claimant.