JAVARE GOWDA Vs. M.N. JAGADEESHA

JUDGEMENT

(1.) This appeal is filed by the appellant challenging the judgment and award dated 12.11.2013 passed by the Court of the Senior Civil Judge and MACT, K.R.Pet in MVC 89/2009.

(2.) Brief facts of the case: On 5.6.2008 at about 12.45 p.m. when the claimant was traveling in an auto rickshaw bearing Registration No.KA-54-910 from K.R.Pet side towards Akkihebbalu near Kattaragatta gate, at that time, the driver of the Maruthi Omni car bearing Registration No.KA-12-M-6586 came in a rash and negligent manner and dashed against the auto. As a result, he sustained injuries and immediately he was shifted to the hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal seeking compensation. In order to support his case, he examined himself as PW-1 and submitted 10 documents. On the other hand, the Insurance Company neither examined any witnesses nor produced any documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.44,787/- with interest at 8% p.a. Being aggrieved by the same, the present appeal is filed seeking enhancement of compensation.

(3.) The learned counsel for the claimant contended that as per the wound certificate, the claimant has sustained pain over the neck, cervical region and spinal injury resulting in 100% disability. Further, the claimant has produced medical bills, prescriptions, out patient and inpatient records. But the Tribunal is not justified in granting total compensation as merely as Rs.44,787/- on the ground that the claimant has not examined the doctor. Hence, he sought for allowing the appeal.