H HUCHAPPA Vs. ANANTHARAMAN

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 12-1-1977 passed by the Motor Accidents Claims Tribunal, Bangalore, in M.V.C. No. 49 of 1973 on its file awarding compensation ol Rs.22,641.82 P. to the injured- It is the case of the claimant that he is a retired Assistant Commissioner, aged about 61 years, at the time of the accident on 26.9.72 at about 5-30 P-M- he was walking on the foot-path on the "Sellary road, opposite to the Corporation Maternity Hospital, towards the bus stop to catch a bus, then a car bearing No. UPL 2910 owned by the 1st and second respondents driven in a rash and negligent manner by the third respondent came and dashed against him as a result of which he was knocked down and he fell unconscious.

(2.) He sustained several injuries all over his body including fracture of the right leg and loss of five teeth. He was removed to St. Martha's Hospital end was treated there as an inpatient; from 26.9-1972 to 9-10-72 and he was discharged on 9-10-72 and even thereafter he attended the hospital as an outpatient for treatment. Hence he claimed Rs. 142 215. 27 as compensation from respondents. Respondents 1 and 2 are the owners of the vehicle according to the petitioner. Respondent-3 are was driving the vehicle at the relevant time, respondent-4 is the insurer. The claim was resisted by the respondents. They contended that the accident was not the result of rash and negligent driving. Alternatively they contended that the compensation claimed was exorbitant. The Insurance Company further contended that it was not liable to pay compensation as there was transfer of vehicle by the insured. On these pleadings, the following issues were set down for trial:

(3.) The Tribunal also awarded Rs. 150/- to the claimant for expenses for going to Puttur. The Tribunal awarded Rs. 20,000 towards general damages. The Tribunal also awarded Rs. 200 for the articles lost. Thus, the Tribunal awarded in all Rs. 22,641-82 ps. from the respondents. Aggrived by the said judgment and award, the claimant has come up in appeal before this court. The insurance Company has also filed the cross-objections.