VENKATESHA Vs. BASAVARAJU P.L.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimant being aggrieved by the judgment dated 26.08.2015 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 02.05.2014 in between 5.00 - 6.00 p.m. claimant was standing by the side of Bengaluru - Mangalore National highway in front of Venkateshwara Kalayanamantapa at Yediyur. At that time, the driver of Icon Ford car bearing registration No.KA-06/C-747 drove the same in a rash and negligent manner and dashed against the claimant. As a result of the aforesaid accident, the claimant sustained injuries and was hospitalized.

(3.) The claimant filed a petition under Section 166 of the Act on the ground that at the of the accident claimant was aged 34 years and doing agriculture and also business and earning Rs. 20,000/- p.m. It was further pleaded that on account of the injuries sustained in the accident, he had suffered permanent disability and he became unemployed. On service of notice, the respondent No.2 filed written statement in which the averments made in the petition were denied except admitting that at the time of the accident the car in question was having insurance coverage. It was pleaded that the driver of the car was not having valid and effective driving licence to drive the car and violated the terms and conditions of the policy. Hence, he prays for dismissal of the petition. The respondent No.1 even though served did not appear and hence, he was placed ex-parte.