KRISHNA Vs. CHIKKARAJU

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 05th October, 2013 passed in MVC No.308 of 2008 on the file of Additional Senior Civil Judge, Ramanagar (for short hereinafter referred to as 'the Tribunal'). The claimant- appellant being aggrieved by the compensation awarded by the Tribunal, has preferred this appeal for enhancement of compensation, as well as sought for fastening liability on the Respondent No.2-Insurer.

(2.) For the sake of convenience, the parties in this appeal are referred to with their rank before the Tribunal.

(3.) The factual aspects of the case are that, the appellant who claims to be an agriculturist has stated in the claim petition, that on 22nd January, 2008 at about 12.30 am after loading the sand to the lorry bearing registration No.KA- 20/5001 when the appellant-claimant was standing beside the lorry and during the said period the driver of the lorry took it reverse and dashed to the appellant and as a result of the said accident, the appellant-claimant fell down and sustained grievous injuries and immediately thereafter, he was taken to hospital. Since the appellant-claimant has suffered disability on account of the accident and as such, he filed claim petition before the Tribunal in MVC No.308 of 2008 and sought for compensation of sum of Rs.4,50,000/- under Section 166 of the Motor Vehicles Act. After service of notice to respondents No.1 and 2, second respondent has filed written statement denying the averments made in the claim petition. The first respondent remained absent and placed ex-parte before the Tribunal. The Tribunal, having taken note of the pleadings, has formulated the following issues: