P M GURUPRASAD Vs. BASHA

JUDGEMENT

(1.) THOUGH this matter is listed for admission with consent of the learned counsel for the respective parties, it is taken up for final disposal.

(2.) THIS appeal is by the claimant seeking for enhancement of compensation awarded in respect of personal injuries, which he sustained in a motor accident that took place on 14.04.2008 at about 6.00 p.m. near Durgambika Temple, Nittuvalli at Davanagere involving the TVS XL super motorcycle bearing Reg.No.KA-16/J-4889 ridden by the first respondent, owned by the second respondent and insured with the third respondent at the relevant point of time. In the impugned accident, the claimant sustained severe injuries, which comprised of fractures to his right hand for which he took treatment in the hospital for a period of 16 days during which period he also underwent surgery. His guardians spent huge amount for the treatment of his injuries. Despite the same, he is not completely cured of his injuries, due to which he is unable to attend his normal avocation. Hence, he sought for grant of compensation from the respondents.

(3.) THE claimant in support of his case got examined his mother as PW.1 and the doctor who had examined him for assessing the disability as PW.2. He produced 36 documents, which came to be marked as Exs.P.1 to P.36. On behalf of the respondents, they did not choose to lead any evidence. On the other hand, the third respondent/insurer produced one document, which came to be marked as Ex.R.1.