M. DEVARAJ S/O MUNISHAMAPPA Vs. SRI SADATHULA KHAN S/O ABDUL LATHIF KHAN AND ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common impugned judgment and award dated 26.2.2009 passed in MVC. No. 353/2007 by the Presiding Officer of MACT and X Addl. Judge Small Causes Court, Bangalore, seeking for enhancement of compensation in respect of the injuries sustained by the claimant in the motor accident.

(2.) THE facts in brief are: The Appellant -Claimant filed claim petition before the Tribunal seeking compensation in respect of the injuries which he sustained in a motor accident that took place on 29.11.2006 at about 8.15 p.m. while he was proceeding to his village Jodipura located on Malur -Narasapura Road involving the Lorry bearing Regn. No. KA -11 -3238 owned by the first Respondent and insured with the second Respondent at the relevant point of time. In the impugned accident, he sustained severe injuries for which he took treatment in the hospital by spending huge amount. Despite the same, he is not completely cured of his injuries due to which, he is not able to carry on his avocation of agriculture which has resulted in loss of income. Accordingly, he prayed for grant of compensation.

(3.) PER contra learned Counsel appearing for the contesting -insurer supported the impugned judgment and award passed by the Tribunal.