GOPALA REDDY G V Vs. DIRECTOR

JUDGEMENT

(1.) These appeals have been filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimants seeking enhancement of the amount of compensation. Since, both the appeals arise out of the same accident and have been decided by a common judgment, they were heard together and are being decided by this common judgment.

(2.) Facts leading to filing of these appeals briefly stated are that on 12.04.2001 claimants were traveling in Mahendra Balero Jeep bearing registration No.KA-01-M-6039. When they reached near K.E.B. office Mariyammamahalli on National Highway - 13, a lorry bearing registration No.KA01- 3251 which was being driven in a rash and negligent manner, dashed against the Mahendra Balero Jeep from behind. As a result of the aforesaid accident, the claimants' viz., Gopala Reddy and Krishnegowda sustained injuries and were shifted to hospital.

(3.) On account of injuries sustained in the accident, claimant Gopala Reddy G.V. filed a petition under Section 166 of the Act, which was registered as M.V.C.No.484/2001 inter alia on the ground that the claimant at the time of accident was aged about 35 years and was working as Class I contractor. It was further pleaded that he was having yearly income of Rs.2 Lakhs. On account of injury sustained in the accident, after the First Aid given to the claimant he was shifted to Manipal Hospital, Bangalore for further treatment and remained inpatient for a period of one month and further spent a sum of Rs.2 Lakhs towards medical expenses, food, conveyance and other incidental charges. It was also pleaded that the claimant appointed an attendant to look after him during the time of treatment and paid Rs.4,500/- p.m. and also appointed a Manager to look after his business and paid Rs.5,000/- per month. It was also pleaded that on account of the injuries sustained in the accident, he was unable to walk sit and squat. The claimant claimed compensation to the tune of Rs.25 Lakhs along with interest at the rate of 12% per annum.