MANJUNATH Vs. M H HANUMATH R/O SAGAR

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 09.11.2010 passed in MVC 2683/2008 by the Senior Civil Judge, Asst. Session Judge and Addl. MACT, Bailhongal, (for short 'the Tribunal') whereby the tribunal awarded compensation in a sum of Rs.1,13,700/- together with interest @ 6% P.a. in favour of the claimant towards injuries sustained by him in a road traffic accident that occurred on 18.06.2008. By the impugned judgment and award, the tribunal absolved the Insurance Company of its liability to pay compensation and fastened the liability upon the owner on the ground that the driver of the offending vehicle did not possess a valid and effective driving license to drive the vehicle as on the date of the accident.

(2.) I have heard the learned counsel for the claimant and learned counsel for the Insurance Company and perused the material on record.

(3.) Learned counsel for the claimant, placing reliance upon the decision of the Apex Court in the case of Mukund Dewangan Vs Oriental Insurance Company Limited, 2017 AIR(SC) 3668, and submits that the tribunal committed an error in fastening the liability to pay compensation upon the owner of the offending vehicle by absolving the Insurance Company of its liability to pay compensation. It is submitted that having regard to the grievous and serious nature of injuries sustained by the claimant in the accident coupled with the evidence of the doctor PW.2 and the finding recorded by the tribunal that the claimant incurred disabi lity to an extent of 10% to the entire body, the quantum of compensation awarded by the tribunal is meager and insufficient and the same requires to be enhanced by this Court. It is therefore submitted that the impugned judgment and award passed by the tribunal deserves to be set aside.